How is leave granted to the wife of a serviceman, what are the benefits?

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Published: 06/03/2018

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Wives of military personnel and law enforcement officers have certain benefits in receiving a vacation period in accordance with Article 123 of the Labor Code. These benefits consist, first of all, of simultaneously receiving annual leave with your spouse. A refusal on the part of the employer given to representatives of this category of workers is considered unlawful.

Such a vacation period is issued on a general basis upon the application of an employee who is a military spouse (Federal Law No. 76, which sets out all the features of determining the status of military personnel).

That is, the vacation period is provided at the request of the employee at a time convenient for her. Violations of labor relations in this area by the immediate supervisor can be appealed to the judiciary or labor inspectorate .

• Features of preferential provision
• Duration of vacation
• How does registration work?
• Payment
• Probability of failure

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Features of providing benefits

Article 123 of the Labor Code of the Russian Federation states that the vacation schedule at the enterprise must be approved before December 15. The leave of military spouses is also regulated by this document. However, regardless of what is specified in the schedule, wives may receive leave at other times. Federal Law No. 76 “On the Status of Military Personnel” dated May 27, 1998 states that spouses are granted vacation at the same time as their military husbands.

Let's consider the reasons for providing benefits:

• The civilian's employer, who is the spouse, cannot find out the military person's vacation schedule in advance, since this is confidential information. Consequently, it is impossible to adjust the spouse’s vacation schedule to the schedule of her military husband in advance.
• Even if the dates of a military leave are known, they can be postponed at any time due to business needs.

From these restrictions it follows that the wife cannot plan her vacation during her husband’s vacation. For this reason, the benefit was introduced.

A military wife, according to Article 11 of Federal Law No. 76, can ask for leave at any time throughout the year if it coincides with her husband’s rest period. No prior management consent is required. However, this is a woman’s right, not a duty. The benefit in question is provided at the request of the employee. A woman can take a vacation a little later than her husband’s vacation date. This is relevant if, for example, she needs to finish urgent work.

FOR YOUR INFORMATION! The duration of rest for a military person is 45 days, and for a civilian - 28 days. If a woman wants to spend the entire vacation with her husband, she can extend her vacation period through administrative leave. It is issued to cover the difference in vacation periods on the basis of Article 128 of the Labor Code of the Russian Federation. Additional time will not be paid.

IMPORTANT! If the spouse left military service, it will be impossible to take advantage of the benefit in question. It is only available to spouses of active military personnel.

Providing leave for military wives

The need to stay with her husband makes it much more difficult for a woman to find a job, and if she manages to find one, there is very little time left to communicate with her husband, since the military has a busy schedule. That is why the law gives the whole family the opportunity to get together at least during the holidays. To this end, Federal Law No. 76, or rather its eleventh article, guarantees a woman the opportunity to take leave at the same time as her husband. If the employer denies her this right, then she can complain to the Labor Inspectorate or sue.

How is the right to simultaneous leave usually exercised? Each company is obliged to develop a vacation schedule for the next year by mid-December, taking into account, if possible, the wishes of employees, but also based on the fact that the company can function smoothly.

The serviceman's spouse is also included in this schedule, but she still has the opportunity to reschedule the vacation to another time even after its approval. The point here is that when the serviceman will have a vacation next year is usually still unknown at this point, and accordingly, it is not possible to draw up a schedule taking this into account. In addition, even if the husband’s rest time is already known, it can subsequently be rescheduled - in this case, the wife can reschedule hers, which does not need to be coordinated with the authorities, since they do not have the right to refuse.

At the same time, a woman is not at all obliged to go on vacation at the same time as her husband, and if she wishes, she can take it in another month. As you can see, the provision of leave to the wives of military personnel is regulated quite flexibly.

Note: although after a military man retires, many benefits remain for both him and his wife, but this one ceases to apply, like others related to labor.

How to apply for leave for a military spouse

The spouse, if a corresponding need arises, must send an application to transfer the vacation to the HR department. The corresponding rule is contained in Article 124 of the Labor Code of the Russian Federation. It is recommended to notify the employer in advance. The optimal period is a week. This is due to the fact that registration of leave involves the issuance of an order and accounting calculations. The employer accrues vacation pay. All this takes time.

To receive the benefit you need to prepare these documents:

• A statement in which a woman addresses the employer with a corresponding request.
• Certificate from the spouse's place of work. This document indicates the name of the military man, confirmation of his place of service, and an indication of the duration of leave. The certificate specifies the exact start and end dates of the vacation. A reference is provided to Federal Law No. 76, which gives the right to receive leave. The document is signed by the commander.
• Marriage certificate.

The employer may request a certificate from the military unit, from which the military position can be established. However, such a certificate is rarely asked for, since it is provided upon admission to the company.

Features of preferential provision

To determine who exactly is entitled to vacation benefits, it is necessary to refer to the list of services, agencies and ministries that are directly related to ensuring the security of the state. Wives of employees of these departments have the full right to receive a vacation period at the same time as their spouse.

Security and defense is provided by:

• Defense Department;
• service carrying out military-technical cooperation;
• service providing expert and technical control;
• service that controls defense orders;
• agency carrying out the construction of special facilities (Spetsstroy);
• Federal Security Service (abbreviated FSB);
• Foreign Intelligence Service (abbreviated as SVR);
• Federal Security Service (abbreviated as FSO);
• Ministry involved in civil defense and disaster relief (including the Ministry of Emergency Situations, including military units);
• Fire Service;
• Federal Service for Control of Drug Trafficking (abbreviated FSKN);
• Ministry of Internal Affairs (abbreviated as MVD);
• The department charged with monitoring and implementing special presidential programs (abbreviated as GUSP).

According to federal law, service in the listed departments is equivalent to military duty.

The vacation benefit for wives of persons employed in the specified services and departments consists of granting an annual vacation period simultaneously with the spouse (simultaneously with the vacation period provided at the place of his service).

Procedure for drawing up an application

Let's consider the structure of the application that a woman must provide:

• Header: full name and position of the manager, full name and position of the employee.
• Full name of the application.
• The main part: the husband’s name and rank, the unit in which he is serving, the terms of military leave.
• Link to Federal Law No. 76, on the basis of which unplanned leave is granted.
• Holiday dates requested by the employee.
• An application that contains all the documents attached to the application.
• Date and signature of the employee.

If an employee requests additional unpaid days of rest, an additional application must be drawn up for this.

Further documentation

Once the employee’s complaint is received, standard measures follow. This is putting down a resolution, preparing an order. Let's look at the documentation:

• Order. The order is drawn up in form T-6. If there is a need to take leave for several employees, you can use form T-6a. This paper contains the order number, date of execution, and personnel number. You must indicate the type of leave. The document is signed by the head of the company, as well as the head of the personnel department.
• Note-calculation. Vacation pay is paid on the basis of this document. It is compiled according to the T-60 form. This is a double-sided form. On one side the basic data is written down: the start and end dates of the holiday. On the other side, accounting calculations are performed.

The amount of vacation pay is determined based on the average salary.

Registration procedure

In general, the registration of annual vacation for the spouse of a military personnel is not much different from the standard procedure, except for a few nuances.

In particular, by virtue of Article 123 of the Labor Code of the Russian Federation, based on the schedule, two weeks before the start of the vacation, the employer is obliged to notify the woman about the start of her vacation. But since it is assumed that she will exercise the right to vacation together with her husband, and perhaps at another time, a notice , of course, if she uses her vacation at another time.

Moreover, due to the fact that even privileged categories of citizens are prohibited from violating labor laws, the woman must write an application requesting to reschedule her vacation to another period, in accordance with Article 124 of the Labor Code of the Russian Federation, determining the time of use of the period in question by agreement with husband. By the way, if the military spouse is granted annual leave earlier than the specified period in the woman’s schedule, she only has to write an application requesting the leave, but taking into account one more circumstance.

In particular, within the framework of Article 136 of the Labor Code of the Russian Federation, vacation pay is accrued and paid to the employee no later than three days before the start of the vacation, therefore, the application for granting it must be written by the employee no later than the specified period, that is, at least 3-4 days in advance. After all, this document must not only be submitted for approval by management, but also an order must be drawn up, on the basis of which the financing of legal recreation will be carried out.

What to do if your employer refuses leave

The provisions of Federal Law No. 76 and Article 122 of the Labor Code of the Russian Federation make it clear that refusal to grant leave is unlawful. In such a situation, the employee needs to contact the Labor Inspectorate or court. Where is the best place to go? Contacting the inspectorate is a more gentle option, but you need to keep in mind that the event will be lengthy. Representatives of the institution review the application and then check the company within a month. If violations are discovered, certain measures are taken against the organization. What does an employee get from contacting the inspectorate? Only punishment of the organization. The employee is unlikely to receive leave on time.

If you want to hold the event faster, you should go to court. A claim is drawn up, which sets out all the circumstances of the case. The application must make reference to the relevant laws. When initiating labor disputes, the employee is not required to pay a fee.

IMPORTANT! The claim must be filed at the address of the organization. Documents confirming the position of the plaintiff are attached to the application.

What should an employee do if she doesn’t want to punish the employer, but wants to get her vacation on time? It makes sense not to go to court right away, but to first discuss the situation with your manager. You should declare your rights and refer to the law. If the manager knows that his employee is serious, he will most likely grant leave.

List of required documents

Download a sample application for leave for the wife of a military man together with her husband.
As a rule, even upon employment, each employee provides a package of documents established by law, including information about belonging to a preferential category. That is, the woman initially notifies the employer that her husband is a military serviceman and she is entitled to a number of preferences. However, in the course of their work, not all managers are ready to follow the law, therefore, in order to avoid misunderstandings and violations of the norms of Federal Law No. 76, it is advisable to duplicate the package of documents.

In particular, the application must be accompanied by :

• marriage certificate;
• a certificate from the husband’s military unit about his position;
• a copy of the order granting leave to the husband.

At the same time, the statement will also have some peculiarities, given that the vacation will have to be used outside the schedule. So in the main part of the document, the woman should state the text with the following meaning:

“Based on Part 11 of Article 11 of Federal Law No. 76 “On the Status of Military Personnel,” I ask you to grant me annual leave from (date) to (date) for a full length of 28 calendar days.”

Naturally, the above documents must not only be indicated in the application, but also attached to it as confirmation of the legal right to rest at the required time. By the way, if you plan to be absent from the enterprise for a longer period of time, that is, not 28 days, but all 45, the woman must write a second application, but this time for leave without pay for the remainder of her husband’s period of release from service. In this case, the application for administrative leave will also contain a reference to the norms of Federal Law No. 76.

Is leave provided if the spouse is retired?

Some benefits for military spouses remain even after the man retires. These include:

• the opportunity to undergo treatment in special medical institutions;
• provision of housing;
• benefits for utility bills;
• receiving discounted vouchers, etc.

However, it will no longer be possible to receive leave at the same time as your husband, since the citizen is no longer a military serviceman and does not receive leave at the place of duty.

Receiving additional leave

The right to additional leave for personal reasons is granted to both conscripts and contract employees.

Note! Conscription service is 1 year, so besides family circumstances, conscripts have no other legal reasons to leave the military unit.

The use of additional vacation does not affect the duration of other types of vacation. Leave for personal reasons is granted to a military personnel in connection with his request and the reason provided for by law in the following cases:

• serious health condition of a close relative;
• death of a family member;
• damage to the house due to fire, earthquake, flood and other natural disasters.

There may be other family reasons; the unit command has the right to determine their importance.

Read more about military leave in this article.

Close relatives

The list of close relatives is established by law, these include:

• parents and adoptive parents;
• spouses;
• natural and adopted children;
• siblings;
• spouse's parents.

Standard leave of up to 10 days is given to a military personnel upon the birth of a child. If his wife died during childbirth, then for family reasons it is already 90 days. Providing rest for up to 10 days does not include days spent on travel. A military person has the right to use any vehicle: land, water, air.

Right to extend leave

If tragic incidents occurred while the soldier was using annual leave, he has the right to take his legal 10 days for family reasons. In this case, the main vacation should be extended by 10 days plus travel time.

If a military man falls ill while being absent for family reasons, he is not entitled to additional days of release from service.

Individual categories

Certain categories of persons liable for military service are entitled to additional leave in the absence of force majeure family circumstances:

• veterans who fought in other states;
• liquidators and victims of the Chernobyl explosion and persons similar to them;
• military personnel raising a disabled person under 16 years of age;
• military personnel raising a child under 14 years of age alone;
• soldiers with many children who are dependent on 3 or more minor children; honorary donors of the Russian Federation.

Primary and additional leave can be used one after another if this request is stated in the report and there are no objections from the military unit management.

This is important to know: Order on the appointment of a person responsible for military registration of citizens

One-time additional leave

In addition to the above, a military man who has served more than 20 years may be given additional rest for personal reasons for up to a month. It is valid only once during the entire period of service. As a rule, resigning contract soldiers use this right, combining all the vacations they are entitled to for the year.

Appeal procedure

In the event of an unreasonable refusal to grant leave for family reasons, a serviceman has the right to appeal the decision of management to the prosecutor's office or court. Correct execution of documents makes it possible to protect your rights and restore justice.

When submitting a report, write it in 2 copies, refer to articles of the law, demand registration of the document indicating the entry number on your copy. A legally literate person who knows the basics of the law will not be denied legal requirements.