Will unused vacation from last year expire in 2021?

Who are military veterans?

Additional leave for military veterans is provided to persons who meet the criteria of Art. 3 of the Law “On Veterans” dated January 12, 1995 No. 5-FZ (hereinafter referred to as Law No. 5).

Additional leave for combatants with continued pay

The right to additional leave for a participant in hostilities in the amount of 15 days with payment of wages is guaranteed by clause 5.1 of Art. 11 of the Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ (hereinafter referred to as Law No. 76).

It is a mistake to broadly interpret the norms of the law when applying for 15 days of leave and not to take into account the lack of status of a military serviceman (rulings of the Investigative Committee for Civil Cases of the Armed Forces of the Republic of Bashkortostan dated January 29, 2015 in case No. 33-1363/2015, Moscow City Court dated February 19, 2018 in case No. 4g-1630/2018).

The Supreme Court of the Russian Federation explains the specifics of obtaining leave in its resolution “On the practice of applying the legislation on military duty by courts...” dated May 29, 2014 No. 8 (hereinafter referred to as Resolution No. 8).

In particular, it is indicated that the norm applies exclusively to legal relations with active military personnel (clause 22 of Resolution No. 8). They are citizens who are in military service under a contract or as part of conscription (Article 2 of Law No. 76). From the moment of its completion, a combat veteran (hereinafter referred to as VBD) loses the right to receive leave, since he is not a military personnel (Clause 2, Article 3 of Law No. 76).

A civilian employer has no obligation to provide a combat veteran with additional leave. The exception is only for duties provided for by a collective agreement or local regulations.

For other reasons for granting employees additional leave with pay, read the article “Procedure for granting leave under the Labor Code.”

Read about what other benefits military veterans are entitled to in the ready-made solution ConsultantPlus. If you do not yet have access to the ConsultantPlus system, you can obtain it free of charge for 2 days.

Legal basis for additional leave for this category of citizens

Law No. 5-FZ “On Veterans” determines the procedure for providing benefits to participants in military conflicts. The document lists categories of citizens entitled to receive this title, regions related to the zone of military conflicts, and mechanisms for implementing social protection measures. In addition, the law specifies documents confirming the status of a veteran and the conditions for considering an application for conferring the title.

The Federal Law “On the Status of Military Personnel” ensures respect for the rights of military personnel and determines consequences for employers for failure to respect the rights of military personnel. In addition to annual rest under general conditions, combat veterans are guaranteed additional paid leave.

Article 115 of the Labor Code of the Russian Federation guarantees a veteran employee a paid vacation period of 28 days and an annual rest period of 35 days at his own expense. At the same time, a veteran can take additional days of rest even outside the approved schedule: this is determined by Law No. 5-FZ and the “Regulations on the procedure for military service.”

ADVICE! A vacation period without pay is reflected in the length of service, which is taken into account when calculating vacation pay for the main vacation, so it is advisable to use additional vacation days gradually.

Are combat veterans entitled to additional leave out of turn?

Certain categories of employees are granted annual leave taking into account their desire to take it at a time convenient for themselves (Article 123 of the Labor Code of the Russian Federation). Such a right may be established by the Labor Code of the Russian Federation and federal laws. If in a particular case the employee does not fall under legal exceptions and there is no trade union in the organization, the employer himself sets the time for the employee to take annual leave.

The question of whether combat veterans are entitled to additional leave out of turn is answered by Art. 16 of Law No. 5. UBD is given the right to use his annual leave whenever it is convenient for him. The Supreme Court of the Russian Federation confirmed this position in paragraph 22 of Resolution No. 8.

Conclusion! Thus, Law No. 5 establishes the right of combat veterans to choose a convenient vacation time, which applies only to main vacations (appeal ruling of the Volga District Military Court of the Samara Region 09/22/2015 in case No. 33-321/2015).

You will learn about the application form for unscheduled leave from our articles “Is it possible to write an application for unscheduled leave?” and “Application for leave - samples.”

Realization of the right to rest

Every combat veteran is guaranteed vacation at any time by regulatory documents, regardless of the form of ownership of the enterprise and the established vacation schedule, approved annually.

Additional preferential conditions established by local internal documents of a legal entity or individual apply to the veteran equally. In addition, regulatory documents oblige the employer to provide additional time for rest without pay in the amount of 35 days during the calendar year.

Annual paid vacation

Providing annual basic leave out of sequence is the responsibility of an employer who has a military veteran on its staff, guaranteed by clause 11 of Article 16 of Law No. 5-FZ. The duration is regulated by the collective agreement, but cannot be set below 28 calendar days on the basis of Article 115 of the Labor Code of the Russian Federation.

Extended time for main rest and additional leave is provided:

• working in the Far North and similar territories;
• persons employed in industries recognized as hazardous by certified expert commissions;
• emergency responders;
• persons with radiation sickness.

If an enterprise has established a duration of rest that exceeds the standards established by federal law, then they apply to all employees, including combatants.

The basis for obtaining the right to rest is an application drawn up by the veteran, followed by the resolution of the manager and the drawing up of an order by the personnel service. If the employer’s administration refused, then the status does not allow the veteran to fail to show up for work and is considered absenteeism with the ensuing consequences. The way out of the situation is to go to court to restore illegally violated rights.

Paid leave for combat veterans of full duration is provided regardless of the time interval of work at the enterprise; the rule of six and eleven months worked does not apply.

How to calculate vacation pay depends on the period of time actually worked:

1. When working for more than a calendar year, the calculation includes the total income for the 12 months preceding the month in which the vacation actually begins.
2. When working for less than a year, the calculation includes payments from the moment of enrollment to the last day of the fully worked month. For example, a veteran wrote an application for paid leave from December 15, 2018 when hired on April 20, 2018. Salary from 04/20/2018 to 11/30/2018 is taken into account as income for calculating vacation pay.
3. If, when submitting an application, the employee has not worked for a month, then payments for the time worked are taken into account.

• Annual extended leave: list - who is entitled to it

Calculation of monetary amounts is carried out on the basis of an order from the head of the enterprise, payment is made no later than three days before the start of the vacation. Non-compliance is interpreted as a violation of labor legislation, entailing penalties in relation to the enterprise and officials.

If a veteran has the status of a military serviceman, then the main leave is provided on the basis of Law No. 76-FZ of May 27, 1998 and when serving on a contract basis, depending on the total period, the preferential calculation ranges from 30 to 45 days.

How to apply for additional leave with pay

Paid additional leave is provided to combat veterans on the basis of his personal report (application) addressed to management. We wrote more about management’s refusal to sign such a leave application in the article “Procedure for action if you have not signed the leave application.”

In the year of dismissal, 15 calendar days of rest are provided to the serviceman in full (clause 22 of Resolution No. 8).

Note! An additional 15 days of paid rest are not counted towards the main vacation (Clause 12, Article 11 of Law No. 76). If desired, such leave can be added to the main one. Or arrange it separately.

If the contract worker was not provided with primary and additional leave in the current year due to illness or other exceptional reasons, their transfer to the next year is allowed (appeal ruling of the Leningrad District Military Court of St. Petersburg dated July 20, 2017 in case No. 33a-415/2017).

Who is entitled to additional leave?

To obtain the right to rest for more than 28 days, a citizen must have the status of a combat veteran. It is received by those who participated in military conflicts in the regions:

• Yemen;
• Algeria;
• Lebanon;
• Syria;
• South Ossetia and Abkhazia;
• Chechen Republic;
• territory of the North Caucasus;
• Tajikistan;
• Egypt.

The procedure for assigning status also considers the period of service in the territory of an armed conflict.

Unpaid leave for combat veterans

The right to receive additional unpaid leave for combat veterans is established in clause 11 of Art. 16 of Law No. 5. It is a guarantee of social support from the state for all military personnel, i.e., it does not depend on the status of a military personnel at the time of registration of leave. It is possible to apply without payment for up to 35 calendar days of rest.

As a general rule, the provision of leave without pay at the request of any employee depends on its mandatory agreement with superiors (paragraph 1 of Article 128 of the Labor Code of the Russian Federation). But in relation to labor relations with UBD, it does not work.

Lack of agreement on the vacation period between the VBD and the employer cannot be a basis for refusal to provide vacation at one’s own expense for up to 35 days in the presence of a personal statement/report (appellate ruling of the Investigative Committee for Civil Cases of the Armed Forces of the Republic of North Ossetia dated October 6, 2015 in case No. 33- 1169/2015).

Read about the general grounds for providing unpaid time off in our article “Leave without pay under the Labor Code of the Russian Federation.”

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.

Additional UBI leave and work under an employment contract

Often, citizens with veteran's certificates find regular civilian jobs after service. In this situation, they are concerned about the possibility of using an additional 15-day UBI leave or receiving other privileges.

Unfortunately, as stated above, additional paid rest days are only available if the veteran is an active military member.

This list of guarantees is complete and includes all the obligations of the employer to the employee as a worker. Otherwise, their labor relations are regulated by the general norms of the Labor Code of the Russian Federation.

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15 days of additional paid leave are provided exclusively to VBD in the status of an active military personnel.
Other persons are not entitled to an increase in the number of paid vacation days. However, both active military personnel and civilians are guaranteed the choice of a convenient time to use their main leave out of turn. Additionally, unpaid leave is established for a maximum of 35 days annually. You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

employee -VBD

When an employee with “VBD” status is hired, a full package of documents is provided to the HR department. To confirm the “VBD status” in the submitted package of documents, you must have a special document ( “VBD” certificate issued by the relevant government agency of the Russian Federation).

This document “acts” as evidence that the employee has UBI status.

The procedure for registering leave for a VBD employee is no different from registering leave for other employees.

To apply for leave, an employee must:

- a personal statement written by a VBD employee;

-copy of the “VBD” certificate.

Citizens who carry out their labor activities in the armed forces of the Russian Federation submit a report instead of a standard application.

Leave is issued upon application. There is no required form for writing a vacation application. Firms, organizations, individual entrepreneurs either use the company’s letterhead or an A4 sheet.

When writing an application for leave, the following information must be indicated:

• Full name of the company official (manager, deputy manager, etc.) in whose name the application is written;
• name of the company, organization;
• Full name of the employee-VBD who draws up the application, indicating the position and structural unit where the employee directly carries out his work activities;
• Next, the word “STATEMENT” is written “approximately in the middle of the page”;
• In the main part of the application form, a request for additional leave is written with justification (the presence of a VBD certificate is indicated, the legal norms on the basis of which additional leave is granted. Also in the main part you need to indicate the number and date of the certificate.
• the date from which leave is granted and the number of days of leave are indicated;
• After the main part, the signature of the VBD employee is placed with a transcript and the date the application was written.

A copy of the VBD certificate is attached to the application.

Sample application:

Sample report for additional paid leave