In the life of every adult, a happy wedding day may come one day. You need to thoroughly prepare for such an important event. And if you are planning a wedding on a grand scale, you need to have time to resolve all organizational issues, which requires a lot of free time. Working people who want to solemnly celebrate such an important event in their lives can take time off for a wedding.
In the article we will look at what kind of paid leave is required by law for those entering into marriage, what documents are required to register it, whether it is possible to take additional days, and whether paid leave will be given to loved ones and relatives of the newlyweds.
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. Such leave is provided regardless of how long the employee has worked for the employer. On the employee’s application, the employer affixes a visa indicating his consent. But this is more of a formality, since the employer has no right not to provide leave for a 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.
Probation period and other circumstances
Such rest days can only be provided to workers with whom employment contracts have been concluded, since the Labor Code applies only to such legal relations.
What if the marriage takes place when one of the future spouses is undergoing a probationary period at a new job? Leave for weddings must be granted as Article 128 does not provide for exceptions. That is, whatever the contract and the conditions in it (fixed-term, for seasonal work, on a flexible schedule, shift work), the employee has the unconditional right to receive days off for the wedding. However, it is worth considering that such rest is not included in the probationary period and in the calculation of remuneration.
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 vacation 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.
Paid or not?
Leave granted due to marriage is unpaid. Despite this, there are several important nuances. Firstly, the employer may consider it necessary to pay for the company employee’s time off.
Secondly, the collective agreement of an enterprise often contains a clause on the provision of certain payments in the event of marriage. In such a situation, the company's accounting department must carry out appropriate calculation actions.
The process of paying for leave due to marriage, if provided for in the contract, occurs as follows:
- Initially, the accountant must summarize all income received by an employee of the enterprise during the calendar year. Sick leave and vacation pay are not taken into account. They are not part of the employee's salary;
- The accountant needs to pay attention to whether a company employee had any salary increases in the last calendar year. If they were, the income must be multiplied by the appropriate coefficient;
- Next, you need to calculate the number of days that were fully worked by the company employee requesting leave due to the wedding ceremony;
- At the end, the employee’s annual income must be divided by the number of days he worked. The resulting number should be multiplied by the duration of the leave provided.
Compensation is made in one payment in full. It must be done no later than 3 days before the expected vacation days due to marriage.
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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.
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.
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.
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”.
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.
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.
Important! An employee cannot be recalled from leave due to a wedding.
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).
Personal rights and obligations of spouses
Among the personal rights and responsibilities of spouses, the IC includes the freedom of choice by spouses of their occupation, profession, place of stay and residence, and some other rights, as well as the responsibilities of spouses in relation to each other. The provision on equality of spouses in the family is aimed at ensuring and is a continuation of the constitutional norms that define the basis of the legal status in the Russian Federation: on equal rights and freedoms of men and women and equal opportunities for their implementation, on the freedom of each citizen to choose their place of stay and residence, type of activity and profession, about the care and upbringing of children as equal rights and responsibilities of both parents, about the inadmissibility of the abolition and derogation of these rights and freedoms of citizens. In accordance with constitutional norms, the RF IC assigns to spouses the right to freedom in choosing occupations, professions, places of stay and residence. These rights of spouses are closely related to the personality of each spouse, and they cannot be canceled or limited by agreement between the spouses. If such conditions are included in the marriage contract, they are void, that is, they have no legal force. Usually, the choice of occupations and professions by spouses is agreed upon primarily based on the interests of the family, but the implementation of this right in life can be the cause of family conflict, family breakdown and divorce.
Place of residence and cohabitation of spouses
It should be noted that, although each of the spouses is given the opportunity to independently determine their place of residence, the RF IC still gives priority to the joint residence of the spouses, as evidenced by the general orientation of its norms. The issue of the place of residence of the spouses must be decided by their mutual consent. Cohabitation of spouses, especially in cases where there are children in the family, is the most important condition for its strength, and for these purposes it is ensured by law. Thus, spouses enjoy equal rights arising from the social tenancy agreement for residential premises; the spouse acquires the right to use residential premises in cases where the spouse, the owner of this residential premises, moves into the living space. However, when living together for some reason is impossible, the law proceeds from the free decision of each spouse on the issue of separation.
Spousal equality
In family life, neither spouse can enjoy any preferential rights over the other, therefore the law establishes that issues of maternity, paternity, upbringing, education of children and other issues of family life are resolved by the spouses jointly based on the principle of equality of spouses. Moreover, family law establishes that spouses are obliged to build their relationships in the family on the basis of mutual respect and mutual assistance, and are also obliged to contribute to the strengthening of the family and its well-being, and to take care of the well-being and development of their children. This means that both spouses should not only strive to the best of their ability and ability to contribute to the material well-being of the family, but also create a favorable atmosphere in it, promote the comprehensive spiritual, moral and physical development of all family members, especially minor children.
The principle of equality of spouses in the family is also reflected in the provisions of the legislation on the personal rights and responsibilities of spouses, according to which spouses, at their own discretion, choose a surname when marrying one of them as a common surname, or each spouse retains their premarital surname. As a rule, spouses take a common surname. A common surname emphasizes the common interests of all family members and facilitates the exercise of rights and responsibilities by spouses, parents and children.
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.
How to write an application?
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.
