How to properly grant a military member leave for personal reasons

Military leave for family reasons

My son will have heart surgery 300 km away. From my place of residence and my service. Am I entitled to leave for family reasons?

It is impossible to answer the question unambiguously, because... much depends on the subjective attitude of the military unit commander to your family problem. I admit that, for the reasons specified in paragraphs “a” or “c” of the norm below, granting leave for personal reasons is quite possible.

According to paragraph 11 of Article 31 of the Regulations on the procedure for military service

Leave for personal reasons is granted to a serviceman for up to 10 days in the event of: a) a serious health condition or death (death) of a close relative of the serviceman (spouse, father, mother, son, daughter, sibling, father, mother of a spouse or person , who was in the care of a serviceman); b) a fire or other natural disaster that befell the family or close relative of a serviceman; c) in other exceptional cases, when the presence of a serviceman in the family is necessary, by decision of the commander of the military unit. The circumstances for which such leave is granted must be documented. The duration of leave for personal reasons granted to a military personnel in accordance with this paragraph is increased by the number of days required for travel by land (water, air) to the place where the leave is used and back.

Submit a report to the unit commander (preferably in two copies, one for yourself) with a request to be granted leave for personal reasons, attaching documents confirming your father’s illness.

It is quite possible that leave will be given, but it all depends on the unit commander.

Duration of vacation

The duration of the break from service is determined by the type of leave, length of service, established schedule, position and working conditions.

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For length of service

Upon reaching a certain duration of service in the authorities, the employee is guaranteed a certain number of days of rest in addition to the main period. The duration of such additional leave, calculated in calendar days, is:

• 5 days – for more than 10 but less than 15 years of experience.
• 10 days – if experience is more than 15, but less than 20 years.
• 15 days – if the twenty-year threshold of service in the authorities is exceeded.

If during the same calendar year an employee used 1 leave for length of service and received the right to a longer one, then additional days are provided in the current year or transferred to the next one at his request.

For harmful working conditions

If the conditions for performing work duties at the workplace are classified as harmful, the employee is entitled to additional vacation days. Their length, in accordance with Article 58 of Law No. 342-FZ, cannot be less than 10 days in calendar terms.

A complete list of types of organizations, indicating positions and the required number of vacation days, is enshrined in the List to Order of the Ministry of Internal Affairs No. 549 of June 30, 2014.

For irregular working hours

If the working day under the terms of the contract is irregular, this is compensated by additionally provided vacation. This rule is enshrined in paragraph 5 of Article 58 of Law No. 342-FZ. The duration of such a break ranges from 3 to 10 calendar days , depends on the position and is determined by Order of the Ministry of Internal Affairs No. 50 of 02/01/2018:

1. For senior managers – 10 days.
2. For senior managers – 9 days .
3. For ordinary and commanding officers – 7 days .

For some categories of employees, the duration is established by order of the head of the organization or division.

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Can a military husband take family leave?

Good afternoon The husband is a contract soldier. I'm due to go into labor any day now. My husband is approaching a week of combat readiness. He was told that he wouldn’t be allowed to go on his main leave, although there was a time limit, but that’s okay, they also said that they wouldn’t even let him go on leave for family reasons for 10 days. Is this legal? How should I travel alone with my child upon discharge?

Good morning, annual paid should be given, and for the time of childbirth without saving the salary - by agreement

?Article 123. Sequence of granting annual paid leave... Certain categories of workers, in cases provided for by federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work in this organization.

Labor Code of the Russian Federation Article 128. Leave without pay

For family reasons and other valid reasons, an employee, upon his written application, may be granted leave without pay, the duration of which is determined by agreement between the employee and the employer.

This is important to know: Is an order being drawn up to postpone vacation?

employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

When is monetary compensation possible for military personnel for vacation?

Vacations of military personnel that are not used on time are practically not compensated with money.

What compensation is an exception?

appointed at the request of a military man to replace the existing additional days that appeared as a result of the performance of duties that required exceeding service time (except for units of employees in conditions of combat readiness);

vacation pay for all unused rest periods upon dismissal.

In no other case will monetary compensation be reimbursed to military personnel for unused vacation.

When unused weekends are formed

If the annual basic leave (the sum of basic and additional leaves) is divided into parts;

one part of them is used immediately, the rest is supposed to be spent later;

during the year the second and subsequent parts of the required rest are not realized, then the law allows them to be used only in the year following the current one.

The ability to take time off at a later date is not stipulated in the law, and compensation for the main period is not provided. If for 2 years the command has not provided sufficient rest, then it is impossible to take off the available days or receive monetary compensation.

Only preferential categories of military personnel are allowed to choose a rest period

These include:

WWII and combat veterans;

liquidators of the Chernobyl accident and equivalent categories;

honorary donors with the appropriate sign.

This list also includes military personnel if their spouse is on maternity leave.

It also includes those who raise children:

disabled people under 16 years of age;

minors (under 16 years old) in the number of 3 or more;

minors who are under 14 years of age if they are being raised by a single military personnel.

If a husband and wife both serve in the RF Armed Forces, their opinion on simultaneously receiving leaves should be taken into account by the command.

The military department compensates for travel to the vacation spot. Regardless of the number of trips, such compensation is available once per year.

The article was written based on materials from the sites: zakonguru.com, severpens.ru.

Legislative regulation of the issue

Every year, every military man serving under a contract is entitled to leave. This is the main vacation, which is fully paid for. The length of leave depends on the length of service, as well as on the type of troops in which the military man works and on the region of service. No one can limit the right to receive the next vacation.

The law also provides for the possibility of obtaining additional types of leave. Namely:

• exemption from service for the period of study or passing a session in correspondence studies ( the provision of leave is regulated by Presidential Decree No. 1237 );
• maternity leave;
• parental leave until the age of three (according to the law, it is equally available to both women and men);
• leave for family reasons for contract military personnel.

The grounds, as well as the procedure for obtaining additional time for release from service due to family circumstances, are regulated by the articles of Federal Law No. 76 “On Military Duty and Military Service”. Additionally, Presidential Decree No. 1237 provides a list of circumstances that may be considered significant for obtaining leave for family reasons. But the final decision remains with the unit commander, who reviews the employee’s report.

The maximum duration of vacation cannot exceed 10 days and the registration of the vacation period is carried out only on the basis of the employee’s report.

Definition of concepts

As a rule, a contract soldier knows in advance the period of use of the main leave Of course, in some cases, the same annual vacation may be postponed by several days or weeks in connection with exercises, but in general, an employee can plan the same vacation at sea or visiting relatives for a certain period of time.

But problems of a personal or family nature, as well as the time to solve them, are impossible to plan, given that it is impossible to foresee the serious illness of the mother or the death of the father. That is why leave for personal reasons is granted based on the problem situation that has arisen , and not according to a schedule. By the way, for the civilian population the analogue is a period without pay or administrative leave, which is also intended to resolve personal issues.

It is worth noting that within the Labor Code there are four types of leave , that is:

• basic;
• additional;
• training;
• administrative, that is, without payment.

But for military personnel, these periods are divided into only two types, which in turn have subtypes, in particular:

• main, which includes a period of rest for length of service;
• additional, which are divided into educational, therapeutic and personal.

That is, in relation to military personnel, all periods of rest that are not the main one and according to the schedule are additional , even if they are dictated by the need for release for personal reasons.

It is worth noting that within the framework of paragraph 12 of Article 31 of Decree No. 1237, military personnel are given the right to another leave for personal reasons, which is already provided in the form of benefits and in some cases is called presidential leave. That is, if you have more than two decades , on the eve of dismissal due to the age limit, or after a contract extension and after 45 years, once during your entire service, an officer or soldier can exercise the right to a long-term exemption from military service for 30 days due to personal reasons. circumstances _

Reasons for receiving

When carrying out labor activities, a civil servant has the right to receive additional leave at his own expense. This is a period of time allotted for resolving personal issues or settling family circumstances. It is not difficult to reach an agreement with the employer, especially since the possibility of taking such leave is guaranteed by the Russian Labor Code.

As for the military, temporary release from service is an extreme measure, since even in peacetime a military man has to train and work a lot. A waste of time is an unaffordable luxury. Therefore, an employee can only count on additional leave of limited duration and only if there are sufficient grounds.

In accordance with Presidential Decree No. 1237, family leave for conscripts and contract soldiers can only be obtained under the following circumstances:

1. death of close relatives (this category includes parents, official spouses, children, sisters and brothers, close relatives of the spouse);
2. identification of fatal diseases in close relatives, the chance of cure of which is negligible;
3. the family of a serviceman suffered from a natural disaster or other catastrophe, therefore the military’s assistance is required in eliminating the identified consequences;
4. birth of a military child.

This is a list of circumstances that are directly provided for by law. Additionally, the head of the unit is empowered to grant leave on other grounds, taking into account the achievements of the military man and his length of service (for example, the wedding of a close relative).

Also, in the subjective opinion of the military commander, the duration of rest may be increased (at least by the number of days required to travel to the place of rest and back).

Refusal to provide leave at your own expense

Considering that leave must be agreed upon between the administration and the employee, the company's management has the right to refuse to provide it even to those citizens who have every right to do so by law. This is possible in the following cases:

1. There is no document (not presented) confirming the social status of the person applying for additional days of rest (document on disability, certificate of WWII participant, pensioner).
2. The employee wishes to use more days of rest as required by law (for example, in connection with the birth of a child, he asks for 10 days of rest instead of 5).
3. The administration and the worker did not agree on the period and dates of the desired work break.
4. The employee does not indicate the reason for family circumstances and does not coordinate the application with his immediate supervisor.

It should be noted that in most cases, the refusal to formalize this type of work break comes from the employer for formal reasons. And if an employee really needs such time off, it is advisable to make an appointment with the manager, explain his situation and the reason for such an action. As a rule, after such a conversation, managers become accommodating, and the problem is resolved without turning into a conflict.

If this does not help, then you should follow this sequence of actions:

• write an application and officially register it in the office (secretary);
• wait for the official refusal to grant leave;
• write a complaint to the trade union or labor inspectorate;
• wait for the results of the review and verification of your complaint.

A separate category of working citizens are employees of the Ministry of Defense. Thanks to service in the armed forces, the security of the state and citizens from external attacks is ensured.

Responsibilities and deadlines for their completion are distributed among the soldiers in such a way that everyone has time for rest and personal matters. Considering the severity and danger of the conditions of service, the military is provided with benefits, including additional days to the main leave.

• The special law “On the Status of Military Personnel” contains the main provisions that regulate the procedure for service personnel and the receipt of leave by military personnel. Certain types of leave are described in Article 11 of the law.
• The procedure for granting leave to military personnel and the method of calculating funds allocated by the state are regulated by Decree of the President of Russia No. 1237.
• To describe the fundamental norms of the law in question, the “Regulations on Military Service” were adopted. This provision contains more detailed rules regarding the provision of such time to employees.

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In addition, there are internal documents created on the basis of the above articles.

The regulation “On the procedure for serving” in Chapter 7 contains information regarding the main issues of planned and unscheduled rest.

Military leave period

In civilian activities, additional days are provided for accrual of vacation. The same applies to military service, where, in addition to ordinary soldiers, experienced military officers serve.

They have many chances to show valor, heroism, patriotism, they have many opportunities to distinguish themselves (service in difficult conditions, combat operations).

Given the many merits, leave for a military serviceman (under contract) is not determined in a uniform way.

In total, the following types of vacations are distinguished:

• basic. It is provided annually to all defenders of the Fatherland;
• additional (as an incentive);
• for treatment (due to illness);
• for child care;
• vacation, educational. It is provided to contract soldiers who receive education in military educational institutions;
• for pregnancy and childbirth (provided to female persons);
• for family reasons.

Basic leave is provided to soldiers who have served at least 6 months. Additional leave is given along with the main one or within a month from the date of promotion. This leave is announced by order of the military unit.

Family leave may be granted in the following cases:

• illness of the closest relatives (the soldier’s parents, his wives, brothers, sisters, wife);
• fire, natural disaster that caused damage to the serviceman’s property;
• cases when the presence of an employee is necessary in the family (in the opinion of the commander).

You can get basic leave at any time of the year (taking into account the plan, rotations, and the availability of the military unit). To receive it, you must submit a report for leave of military personnel under a contract. The following categories of military personnel can take rest at their own discretion:

• veterans;
• parents of disabled children under 16 years of age;
• contract workers whose wives are on maternity leave;
• specialists who independently raise a child under 14 years of age;
• military personnel who were awarded the “Honorary Donor of Russia” badge.

Report on leave of serviceman under contract (sample)

To go on leave, civilians must write a statement to their superior, and military personnel must write a report to the commander. The document must reflect comprehensive information, which must be presented in a certain order:

1. Request for a petition to grant a military member leave, period.
2. Issuance of a military travel card for those serving in military service and members of their family. It is necessary to indicate the type of transport and the exact direction.
3. Request for cash payments for sanatorium-resort treatment, financial assistance for the whole family.
4. Family composition (personal data, full name, year of birth).
5. The exact address of the serviceman's location for the period of leave.
6. Indication of information about the official who, for the duration of the vacation, will perform the duties of the specialist who went on vacation.
7. Date of writing the report, position of the serviceman, his military rank, last name, signature.

Do not forget that a special procedure for granting leave is provided for the wife of a serviceman.

Report on maternity leave for a military personnel

To receive leave, a serviceman must draw up a leave report and send it to the appropriate management, superior (commander).

The deadlines for submitting a report on granting leave vary:

1. No less than 2 weeks before the date of the planned vacation (in the case where the serviceman is not cleared to state secrets or does not have a second form of security clearance or higher).
2. Completion of the vacation report a month before the planned date (for persons with Form 2 clearance or higher).

If the case does not fall into the category where the provision of extraordinary unpaid holidays is mandatory, the boss has the right to refuse in all situations. Moreover, he may not even justify this in any way or refer to production necessity.

Such a refusal is legal and nothing can be done about it. A negative response is also considered legal if the subordinate does not provide any documentary evidence of his statement.

But if the director refuses even in mandatory cases and there are documented justifications for this, the citizen has the right to complain to the labor inspectorate. If a violation is confirmed, the company faces a fine of 30 to 50 thousand rubles (Article 5.27 of the Administrative Code).

An individual entrepreneur will get off with a maximum fine of five thousand. For repeated violation of the same norm, the monetary penalty will increase to 20 thousand rubles for private entrepreneurs and 50 thousand more for organizations.

To convince the director to let you go on vacation outside of the schedule, you will have to stock up on weighty arguments. Only close family relationships and emergencies guarantee time off for family reasons.

Time off without saving average earnings.

The Labor Code states that there are circumstances when the employer is obliged to provide leave “at his own expense” at the request of the employee.

Such situations include:

• addition to the family;
• marriage;
• illness or death of a loved one.

To apply for leave, an employee application is required. Its duration is up to 5 days. Rest is provided to the employee regardless of how long he has been employed in the company.

Therefore, to the question whether the father is entitled to leave at the birth of a child, the answer is yes. It must be taken into account that during this time the employee does not retain his salary.

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The following features of granting leave without pay to the father after the birth of a child are noted:

• the application can be submitted one day before the time of rest;
• the right to this type of leave is not retained; if the employee does not take it immediately, then it will not be possible to use it in the future;
• in the case when the employee is on a business trip, he can take out days of rest immediately after returning;
• time off is provided regardless of when the employee was on vacation.

Days without pay are provided to a man after the birth of a son or daughter without providing documents confirming this fact. This right is enshrined in Art. 128 of the Labor Code.

The employer will not be able to refuse to provide leave. However, additional guarantees and benefits may be prescribed in the Collective Agreement or other internal local act.

Some employers provide paid leave in the event of the birth of a child. Its duration is regulated by the Collective Agreement, but most often does not exceed 5 days.