Are combat veterans entitled to additional paid leave?

Who is classified as a combat veteran?

In accordance with Art. 3 of the Federal Law of January 2, 2000 No. 40-FZ “On Amendments and Additions to the Federal Law “On Veterans”” combat veterans include:

• military personnel, including those transferred to the reserve (retired), those liable for military service, called up for military training, members of the rank and file and commanding officers of internal affairs bodies and state security bodies, employees of these bodies, employees of the Ministry of Defense of the USSR and employees of the Ministry of Defense of the Russian Federation sent to other states by government bodies of the USSR, government bodies of the Russian Federation and those who took part in hostilities in the performance of official duties in these states;
• military personnel, including those transferred to the reserve (retired), private and commanding personnel of internal affairs bodies and state security bodies, persons who participated in operations during government combat missions to clear mines from territories and objects on the territory of the USSR and the territories of other states during the period from May 10, 1945 to December 31, 1951, including in combat minesweeping operations from May 10, 1945 to December 31, 1957;
• military personnel of automobile battalions sent to Afghanistan during the period of hostilities there to deliver goods;
• flight personnel who flew from the territory of the USSR on combat missions to Afghanistan during the period of hostilities there;
• persons (including flight crew members of civil aviation aircraft who flew to Afghanistan during the period of hostilities there) who served military units of the Armed Forces of the USSR and the Armed Forces of the Russian Federation, who were located on the territories of other states during the period of hostilities there, received in connection with with this, wounds, concussions or injuries, or those awarded orders or medals of the USSR or the Russian Federation for participation in supporting the specified hostilities;
• persons who were sent to work in Afghanistan in the period from December 1979 to December 1989, who worked the period established upon deployment or were sent ahead of schedule for good reasons.

Leave for military veterans

• military personnel, police officers, conscripts, as well as authorities participating in military operations;
• people who rid territories of explosive mechanisms;
• citizens who served in automobile battalions and were engaged in transporting goods;
• persons who performed tasks in dangerous conditions on the territory of the Chechen Republic and the Russian Federation;
• military flight personnel;
• employees of military units who suffered from injuries;
• people who were engaged in labor activities during the period of hostilities and worked for a specified period.

• registration of annual leave at any time;
• rest up to 35 days without pay;
• preferential (paid) leave up to 15 days;
• monthly cash benefits;
• pension provision;
• on-the-job training at the expense of the employer;
• preferential taxation.

Which combat veterans are entitled to additional leave?

In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (as amended and supplemented), additional leave is granted to military personnel who have the status of a combat veteran, who continue to perform military service, or to military personnel who have entered into a contract for military service. .

Example:

Pakhomov P.P. has the status of a combat veteran (participated in hostilities in Chechnya), but at the same time works as a physical education teacher at school. In this case, the additional leave referred to in the Federal Law of May 27, 1998 No. 76-FZ, Pakhomov P.P. not supposed, because he is not currently an active military member.

Who is entitled to

A rest break on preferential terms is guaranteed to those who have a confirmed status as a participant in hostilities. The categories of persons entitled to these privileges are enshrined in Article 3 of the Law of January 12, 1995 No. 5-FZ, they are the military:

• Those who carried out mine clearance by order of the government from 05/10/45 to 12/31/57 (including retirees).
• Sent to the motor battalions during combat operations in Afghanistan and transporting cargo, as well as the flight personnel involved in this operation.
• Service soldiers involved in combat in other countries, who received shell shock or injury, and also received awards from our country.
• Those who fulfilled their contractual obligations or were recalled due to important circumstances, who performed their duties in Syria from 09/30/15 , or Afghanistan from the end of 1979 until the onset of 1990
• Department of Internal Affairs, State Security, Ministry of Defense, National Guard, criminal-executive structure, sent for combat service in foreign countries, or involved in battles within the borders of our state (including retired personnel).

Duration of additional leave

According to Art. 16 of Federal Law No. 40-FZ of January 2, 2000, combat veterans are given the opportunity to take annual leave at a time convenient for them and are granted unpaid leave for up to 30 working days a year.

In accordance with the federal law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as amended and supplemented), military veterans of combat operations are granted leave of 15 days.

It should be remembered that this additional leave (lasting 15 days) is provided exclusively to active military personnel who have the status of a combat veteran.

Length of additional rest period

First of all, it is worth understanding that all types of leave provided to people who have the status of a participant in hostilities can be divided into the following three main categories :

• mandatory basic;
• additional paid;
• additional without content.

Mandatory basic leave for participants in military conflicts engaged in civilian work lasts 28 calendar days.

However, the length of legal leave for veterans may be increased depending on several of the following factors:

• professional level of the employee;
• position held;
• work in the conditions of the North and equivalent regions;
• teaching activities.

It is also worth noting the fact that, depending on specific conditions, the number of factors influencing the amount of basic leave may increase significantly.

Additional paid leave for active military personnel , provided to participants in military conflicts, lasts 15 calendar days.

Providing this type of recreation has the following features :

• Leave must be provided by absolutely all enterprises of different forms of ownership;
• mandatory payment for this period of rest;
• for participants in military conflicts employed in civilian work, additional leave is not combined with the main rest;
• For veterans continuing military service, additional leave can be provided either separately or added to the duration of the main rest.

Additional leave without pay may be granted to participants in military operations once a year, and its duration is 35 calendar days .

It is also important that a veteran can take advantage of this type of recreation at a time convenient for himself . In this case, the combat veteran must select the month in which he wants to go on vacation before the vacation schedule is approved, that is, until mid-December. If UBI is not included in the leave schedule due to recent employment, then leave for the first year of employment is available at the request of the veteran.

When are combat veterans entitled to additional leave?

Combat veterans have the right to dispose of additional leave as follows:

Calculation rules

First of all, it is worth understanding that when calculating additional leave for participants in military conflicts, one reporting year of work is taken.

However, sometimes a situation may arise where an employee with veteran status did not work the full number of days during the pay period .

In this case, the duration of additional leave can be calculated using the following formula:

Po = 15 / 12 * Fv,

Where:

• By – duration of additional rest;
• 15 – the number of vacation days established by law;
• 12 – number of months in a year;
• Fv – actual time worked for the billing period.

Calculation of payment for additional leave for participants in military conflicts is based on the following formula:

Oo = Po * (Salary / 29.3),

Where:

• Оо – payment for vacation;
• Po – duration of rest in days, which is calculated using the previous formula;
• Salary – the amount of funds earned during the billing period;
• 29.3 – average monthly number of days per year.

Using the above formulas, you can easily independently calculate the duration of additional leave, as well as the required vacation pay for participants in military conflicts.

https://youtu.be/9tpOJE-vPNo

How to apply for additional leave for combat veterans?

In order to apply for additional leave, a combat veteran must complete the following steps:

Procedure for provision

In order to receive any of the leaves guaranteed by law for a combatant, you must submit an application addressed to the head of the institution.

If the veteran is currently a military personnel, a report is used instead of this document.

The form of the forms is not established by regulatory documents, therefore it is necessary to adhere to the general procedure for preparing documentation, indicating the required information. The text of the application must contain the following information:

• Position and full name of the director of the company.
• Similar employee data.
• The word "statement".
• A request for vacation, indicating its type.
• Link to the regulatory document in accordance with which these holidays are provided (in case of registration of additional, administrative leave, or use of the main one outside the schedule).
• The duration of the period, its start and end dates.
• Information about the attached veteran's certificate.
• Date of writing and signature of the employee.

A copy of the combat participant's ID must be attached to the document. Based on the application or report, an order is issued and vacation pay is paid (except for the case of a break without saving earnings).

How is additional leave calculated for combat veterans?

An additional 15 days of leave for a military personnel with the status of a combat veteran is granted for a full calendar year.

To calculate the duration of additional leave, you can use the following formula:

Amount DO – amount of additional leave

OV – time worked

Example:

Serviceman Pakhomov P.P. serves under a contract for 10 months. The amount of additional leave is: 15/12*10 = 13 days.

How to take advantage of the unpaid leave benefit?

Leave for combat veterans (without pay) is granted upon personal application of the employee.

You can draw it up on A4 paper with a simple pen:

• In the upper right corner is written the name of the company, position and full name of the manager, as well as the employee’s data.
• The text contains a request to provide leave at your own expense, the basis, a valid reason and deadlines. The final part includes the signature and date of the document.

An example of the design is presented below:

Sample application for leave

The following must be attached to the application:

• combat veteran certificate;
• documents confirming that the reason for absence is valid (if any).

Applications can be found here:

Sample application for leave

Next, the vacation registration proceeds according to the standard scheme: the manager reviews the application, signs and creates an order.

An example is shown in the table.

Sample vacation order

During military service, a citizen planning to go on leave must draw up a report.

Under what conditions is a police officer's leave granted? Read our article. Are military personnel entitled to long service leave? Find out here.

How the document is compiled:

• The full name of the unit commander is written in the upper right corner.
• The inscription “report” is placed in the center of the page.
• The main text contains a request for leave, VPD (the names of the starting and ending stations are indicated) and monetary compensation. The document notes the period of absence, family composition, as well as the exact address of the weekend.
• The final part informs about who will temporarily perform duties. The document also contains the date of preparation and the signature of the serviceman.

Example document:

Sample report for main leave

Questions and answers

1. I was in Chechnya during my military service in 1993, but I am not given veteran status. Why?

Answer: The status of combat veteran is assigned to participants in military operations in Chechnya during the period 1991 and 1999-2009. You were in Chechnya in 1993 - this period is not subject to determining the status of a combat veteran for a serviceman.

1. If I leave military service, can I count on additional leave while working in civilian life?

Answer: In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (as amended and supplemented), additional leave of 15 days is granted to active military personnel - combat veterans.
After you leave military service, your right to additional leave will be lost. Rate the quality of the article. Your opinion is important to us:

Social support for military veterans

Benefits for veterans of military service are established for these citizens by the basic law, as well as various regulations and decrees of federal and regional significance. Discounts for these persons relate to the areas of social support, taxation and healthcare.

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The list of persons who fall under this status is regulated by Federal Law No. 5 “On Veterans” dated January 12, 1995 with the latest additions and changes dated December 29, 2015. The procedure and rules for serving are established by Federal Law No. 53 “On Military Duty and Military Service” dated March 28, 1998, with the last edition dated February 15, 2016. The list of army formations created on the international basis of the countries of the Commonwealth of Independent States is regulated by the CIS Charter , approved on January 22, 1993 in the city of Minsk.

Leave rules

The procedure for applying for leave for those with veteran status depends on whether the employee is a military member or an employee of a civilian organization. The rules for granting vacations also differ depending on the type of vacation.

Articles on the topic (click to view)

• Fine for late payment of vacation pay
• What to do with unused vacation
• What to do if your employer does not pay vacation pay
• How long after employment is vacation allowed?
• Is maternity leave taken into account when calculating pensions?
• Accounting for compensation for unused vacation
• Dismissal while on maternity leave

Providing proof of status is mandatory for all types of leave.

Main

Any employee of the organization has the right to annual rest to recuperate. In general, based on Article 115 of the Labor Code, its duration is 28 days (although the company can increase the period).

The duration includes weekends, but not holidays. For military personnel, in accordance with Article 29 of the Decree of September 16, 1999.

No. 1237, vacation is from 30 days and increases depending on length of service and conditions.

Based on Article 122 of the Labor Code, the right to use the main type of recreation first arises six months after joining the company. Subsequent vacations are given according to the schedule established by the administration of the company (Article 123 of the Labor Code). However, in order to receive basic rest, an employee who is a participant in combat situations does not require the consent of the employer.

Based on clause 1 (clause 11) and clause 2 (clause 4) of Article 16 of Law No. 5-FZ of January 12, 1995, this category of employees has the right to take advantage of the main rest time in a period suitable for them. After submitting the application, the employer issues an order and accrues vacation pay.

Additional

Expert opinion

Polyakov Pyotr Borisovich

Lawyer with 6 years of experience. Specialization: civil law. More than 3 years of experience in drafting contracts.

According to Article 11 (clause 5.1.) of Law No. 76-FZ of May 27, 1998, combat veterans are entitled to annual rest in addition to the main one. The duration of additional paid leave is 15 days.

Only military personnel are entitled to this benefit.

Veterans discharged from military service cannot use additional leave. A civil organization is not obliged to issue this type of leave at the request of a worker, even if he is a participant in hostilities. To provide additional vacations, you will need to submit a report addressed to the head of the institution.

This is important to know: How many vacation days are accrued per month?

Preferential

Benefits for veterans regarding vacation are presented in the form of no need to coordinate the desired vacation time with the company, and the ability to arrange unpaid time. Also, this category of workers has the right to additional rest if they continue their service.

Unpaid

A break from work without pay or unpaid leave can be issued if there is a good reason. In general, in accordance with Article 128 of the Labor Code, in order to obtain the right to use such rest, it is necessary that the employer gives his consent to this.

Based on paragraphs. 11 clause 1 and pp. 4 paragraph 2 of Article 16 of Federal Law No. 5-FZ of January 12, 1995, working citizens who have the status of a combat veteran have the opportunity to take leave for personal reasons without pay at a time convenient for them.

Moreover, the duration of such a break can be up to 35 days a year. They are measured in calendar form, i.e. Duration includes weekends and holidays.