What is social leave
The Labor Code of the Republic of Belarus establishes that, in addition to the right to basic labor leave, employees have the right to social leave.
The purposes for which social leave is granted are important. This can be motherhood, parenting, education, family and household needs and other goals. The employer is obliged to assess the validity of the reasons why the employee wishes to take social leave.
As a general rule, wages are not saved during social leave, but the collective agreement may provide for social leave with pay.
In what cases is social leave provided in Belarus
Social leave, unlike labor leave, is not provided for rest. It should be provided for specific, socially beneficial purposes. Thus, the Labor Code names motherhood, childcare, study and other family and household issues as the goals of social leave. Other purposes include, in particular, the renovation of an apartment, etc. Also, social leave can be provided to work on a thesis and write textbooks.
Labor legislation includes social vacations:
– maternity leave;
– Leave to care for a child under the age of three;
– leave in connection with obtaining education;
– leave for the father at the birth of a child;
– short vacation up to 14 days, etc.
Assessment of the validity of reasons for granting social leave
The Labor Code gives the employer the right to assess the validity of the reasons for taking social leave. The employee is not obliged to specify the reasons in the application, he can indicate that the leave is required to “meet the family and household needs.”
If the employer considers the reasons for granting social leave to be valid, he has the right to make a positive decision on the employee’s application and issue a vacation order. If the reasons are found to be disrespectful, the employer has the right to refuse to grant social leave to the employee.
Refusal to grant social leave
As can be seen from the meaning of the articles of the Labor Code, the granting of social leave is a right, not an obligation of the employer. At the same time, there is a list of employees to whom the employer does not have the right to refuse to provide social leave. These include:
– women raising two or more children under the age of fourteen;
– disabled people working in industries;
– heroes of Belarus, veterans of the Great Patriotic War and other categories of workers.
In the cases listed above, the employer is obliged to provide leave of up to 14 calendar days without pay.
In addition, the employer is obliged to provide social leave to persons studying at a university, college, etc.
Refusal to grant social leave is formalized by affixing an appropriate resolution on the employee’s application.
Number of days of social leave in Belarus in 2021-2022
Social leave in Belarus is granted for a maximum of 30 calendar days. At the same time, the legislation establishes that certain categories of employees must be granted social leave for a period of up to 14 calendar days.
Is it possible to recall from social leave
The legislation does not explicitly provide for the employer’s right to recall an employee from social leave. However, it seems that with the consent of the employee, such a withdrawal is possible.
In this case, the employee must write an application for his exit to work, and the employer must sign the corresponding order.
The procedure for registration of social leave
Social leave is formalized by the employee’s application and the order of the employer. In the application, the employee must indicate:
– surname, name, patronymic, position;
– a request for a vacation;
– the date of the start of social leave;
– the reasons why social leave is required (the employee is not obliged to specify the reasons);
– date of writing the application and signature.
After accepting the application, the employer assesses the validity of the reasons and decides on the leave, about which he issues an order. In case of refusal to satisfy the request for leave, the employer must affix the appropriate resolution on the application.
Social leave payments in Belarus in 2021-2022
Social leave can be granted both without pay (in most cases), and with pay or partial pay (if it is provided for by the collective agreement).
At the same time, it must be remembered that one cannot refuse social leave in favor of receiving compensation, as can be done with respect to the main labor leave.