Unpaid leave is when an employee is released to deal with personal matters. Unlike regular work leaves, during which wages are retained, unpaid leave implies that wages are not retained for the entire period of leave.
In practice, unpaid leave allows employees to flexibly plan their time, but it also has its characteristics and limitations. This article will describe the main features of unpaid leave, consider when an employee can go on such a leave, and whether an employer should always release an employee.
Why Employees Need to Know about Unpaid Leaves
Information about unpaid leave is important for employees, especially in IT companies, for several reasons:
1. Flexibility in personal time planning
IT specialists work intensively on projects, which may require additional time to relax or resolve personal issues. Knowing the leave rules at your own expense allows you to better plan and coordinate such periods.
2. Reducing the risk of burnout
The IT sector has a high risk of professional burnout due to stressful work. Taking an unpaid leave can be a lifesaver, allowing you to take a break when necessary to recuperate.
3. Adapting to life changes
Situations requiring absence from work (for example, family circumstances or health) may arise unexpectedly. Understanding the conditions and rules of leaves at your own expense helps you make quick decisions and negotiate with your employer.
4. Protection of rights and interests
Knowing your rights regarding unpaid leave can help you avoid conflicts with your employer and protect you from possible labour law violations.
5. Planning long-term leaves
IT professionals can use their leaves at their own expense for long-term travel, study, or work on their projects, contributing to personal and professional development.
Thus, information about the right to an unpaid leave gives IT company employees more freedom and confidence in managing their work and personal time.
How does an Unpaid Leave Differ from other Leaves
For those who work under an employment contract, the employer provides two types of leave: labour and social. Unpaid leave refers to social leave. The official name of the unpaid leave is “social leave without pay.” As the name of the leave implies, it is provided to employees to meet family and household needs and for other social purposes. During this leave, the employee’s salary is not retained.
Features of Social Leave Without Pay:
1. Employees have the right to unpaid leave, regardless of their place of work, duration of work, name and type of company in which they work.
2. During an unpaid leave the employee retains his previous job.
3. Unpaid leave is not included in the number of days of labour leave; social leave is provided in excess of labour left.
4. Unpaid leave is provided for the calendar year (not for the working year that begins on the date of the employee’s employment).
5. The Labor Code of Belarus regulates unpaid leave time. Depending on the reasons for the leave and the category of employees, such leave is granted for a certain period during the calendar year.
5. If the employee has not taken unpaid leave in the current calendar year, such leave does not apply to the next year.
6. Instead of taking unpaid leave for social purposes, an employee can arrange with the employer to take part in the work leave.
When the Employer is Obliged to Provide Unpaid Leave
The state provides for cases when an employer does not have the right to refuse employees leave without pay. Such leaves have characteristics you need to know to avoid conflict situations at work.
Short-term Unpaid Leave
An employer must provide some employees with unpaid leave, which is called “short-term leave without pay.” The employee initiates this leave.
During a calendar year, during the period agreed upon between the employee and the employer, unpaid leave for up to 14 calendar days is granted to the following employees:
- Women who have two or more children under the age of 14 or a disabled child under the age of 18.
- Veterans of military operations in the territories of other states.
- For those who take care of a sick family member, this is stated in the medical certificate.
- People with disabilities who work in special jobs.
- Fathers (stepfathers) at the birth of their child—within 6 months of the child’s birth date.
- Workers who suffered in connection with the disaster at the Chernobyl nuclear power plant in 1986-1987.
- Employees who have less work leave for part-time work than for their main job, when they simultaneously take both work leave for their main job and part-time work.
- To other employees, when it is prescribed in the collective agreement.
When an Employer Can Provide an Unpaid Leave for Valid Reasons
At the employee’s request, the employer has the right to grant unpaid leave for no more than 30 calendar days in total in a calendar year. Unpaid leave may be longer than 30 calendar days but not more than three calendar months during the year when the employer has allowed it, or it is provided for in the company’s local documents.
What are the Reasons for Unpaid Leave
A list of valid reasons for taking an unpaid leave is not formulated. You can get such a leave for the following reasons:
- Family and household reasons.
- Work on a qualifying scientific paper (dissertation).
- Writing textbooks.
- There are other valid reasons, except when the employer must provide the employee with unpaid leave.
The employer evaluates the validity of the vacation reasons. The employer may evaluate the reasons that the employee considers valid differently. Therefore, it is important to first verbally coordinate such a leave with the head and then apply for an unpaid leave.
Who can be Granted an Unpaid Leave
Unpaid leave may be provided to the following employees:
1. Who is not among those to whom the employer is obliged to provide unpaid leave.
2. From among those required to provide unpaid leave after using all their allotted unpaid leave day.
Unpaid Leaves related to the Education of Employees without the Referral of the Employer
Employees who combine work with education and study outside of full-time education have the right to receive a number of targeted leave without pay upon their application and on the basis of a document from an educational institution. The state regulates the duration of such leaves.
Vocational and Technical Education
Employees who study by correspondence, in the evening department, or remotely without an employer’s referral and receive vocational and technical education can receive the following leave without pay:
For the duration of tests, credits and exams in the academic year:
- It is up to 10 calendar days in the first and second years.
- In the third year – up to 20 calendar days.
- For final certification – 20 calendar days.
Secondary Specialized and Higher Education
Employees admitted to the entrance tests are granted unpaid leave:
- At least seven calendar days – to secondary specialized educational institutions.
- At least 12 calendar days – to higher educational institutions.
When employees receive specialized secondary and higher education for the first time in the evening, correspondence and distance education without an employer’s referral, the employer grants them certain leave without pay.
When it is not the first time employees receive appropriate education at the same level without an employer’s referral, the employer has the right to grant them such leaves.
Let’s look at what kind of vacations they are:
1. Leave of up to 18 calendar days is granted for receiving secondary special education in the evening during the examination session in the academic year.
2. Leave is up to 28 calendar days when receiving higher education in the evening during the examination session in the academic year.
3. When receiving secondary specialized and higher education in correspondence or distance form for the period of the installation or laboratory examination session in the academic year, leave of up to 30 calendar days.
4. When receiving secondary specialized and higher education in the evening, correspondence or distance education, the following vacations are provided:
- For the period of passing the state exams – 21 calendar days.
- For the period of preparation and defence of the diploma project (thesis), master’s thesis – 90 calendar days.
Science-Based Education
Employees are entitled to unpaid leave for up to 12 calendar days to pass the entrance tests to educational institutions for science-oriented education.
Employees who receive a scientific-oriented education in absentia or through a job application are entitled to unpaid leave to take candidate’s exams for up to 15 calendar days.
How to get an unpaid Leave on the Initiative of an Employee
To get an unpaid leave, an employee writes an application addressed to the employer. The application must specify the number of days of leave, the date of its start, and the purpose of the leave (for example, “solving personal household and social issues” or “studying at an educational institution”). It is possible and sometimes necessary to attach supporting documents to the application. For example, a document from an educational institution is required for study leave.
The employer reviews the application for leave and, in case of a positive decision, issues an order for social leave without pay. The employee’s order is presented under signature.
Unpaid Leave on the Initiative of the Employer
An employer may initiate a leave without pay (or with partial pay) in the following situations:
1. When it is necessary to temporarily suspend work or reduce their volume.
2. When there is no other job to which an employee needs to be transferred for health reasons by a medical opinion.
In such cases, the employee is asked for written consent to unpaid leave.
Unpaid leave (or partial pay leave) initiated by the employer should last no more than six calendar months in total during the calendar year.
Conclusion
Unpaid leaves are important to balance employees’ personal lives, education and professional activities. They allow employees to handle personal matters without prejudice to their seniority or labour rights. However, to effectively use such leaves, it is necessary to clearly understand the rights and obligations of both the employee and the employer. Proper registration and compliance with the established rules for obtaining and granting leaves at your own expense will help to avoid possible conflicts and maintain productive and respectful relations between the parties to the employment contract.
How to contact us
For more information or advice on issues related to the Labor Code of Belarus, do not hesitate to contact us. We are here to help and support you.
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