The procedure for military leave
You don't have to take your entire vacation at once. According to the military report, the required period can be divided into several parts (at least 15 days at a time). For example, a serviceman who has served the troops for 15 years or more can count on vacation in 3 parts of 15 days each year.
Interestingly, the vacation does not include the time required to get to the destination. Not counting the cases when the employee takes time off in parts. Then such a “benefit” is provided only once.
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Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
A separate conversation concerns leave for military personnel who have just entered service (less than a year has passed since their entry) or are leaving in the year when they want to take off the allotted time.
The procedure for calculating time in this case is regulated by clause 3 of Art. 29 of Presidential Decree No. 1237.
The calculation formula will be like this:
Allowed leave based on length of service in days/12 * number of months from entry into service until the end of the current year.
It is possible to increase the duration of vacation due to climatic conditions: from 5 to 15 days annually. The maximum possible period cannot exceed 60 days, this is the limit.
To go on leave, a serviceman just needs to contact the unit’s leadership with a report. In practice, delays are possible due to the peculiarities of the vacation schedule. This is a direct violation of rights, so a person can appeal to the prosecutor’s office or the court for justice.
For health
Leave for health reasons is granted to military personnel with serious illnesses undergoing treatment in a hospital setting. It should not exceed 4 months. The decision to grant such leave is made by a special medical commission. In case of emergency, the 4-month period can be extended.
A serviceman's leave for health reasons is not included in the main part and constitutes a separate period. Does not affect annual vacation calculations.
Contract workers rarely resort to leaving service on such grounds. Because at the end of treatment, management, immediate superiors or doctors may raise questions about professional suitability. There is a real risk of losing your place.
Military leave for family (personal) reasons
The duration of leave for a military personnel for family or personal reasons is no more than 10 days, excluding travel and flight time. The issue is regulated by Art. 10. FZ-76.
To leave service on this basis, you need to provide evidence of a difficult situation (before or after receiving leave, in fact).
Adverse events may include:
- Deadly diseases or death of close relatives.
- Natural disasters that disrupt the lives of military relatives.
Also other situations that are not included in the list. Whether the reason is considered valid is decided by the command of the military unit. The employee submits a report.
The terms may be increased if you have served for more than 20 years or are approaching the service age limit (up to 30 days in total).
Military training leave
Some contract soldiers undergo training at universities without leaving active service. These categories are provided with special conditions. But provided that this is the first civilian education and the person studies on a “budget”.
The timing depends on the nature of the teaching load:
- Exams are given 30 days.
- To pass a separate exam or test when the examination session is partially closed - 10.
Depending on the course, the period may be longer.
The same applies to the period of preparation for entrance examinations.
As in previous cases, the time frame does not include the time required to travel to the educational institution.
Additionally, students are provided with vacation leave at the expense of the main one.
Feedback from the vacation period
In this case, the order is issued by the commander of the association or on the initiative of a person who is his direct superior. For example, the head of a federal government agency.
The recalled serviceman receives the right to free travel to his unit. And all unused vacation days are added to the main vacation period of the next year.
It is impossible to refuse a call to the duty station, since such a recall is due to certain emergency circumstances. The exception is a stay in the hospital, confirmed by documents. Being in session at an educational institution is not an exception to the general rule.
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Additional leave for military personnel:
Based on rehabilitation
A type of leave for health reasons (regulated by clause 9.1 of Article 11 of Law No. 76). The basis for providing such rest is emotional and mental stress, mental trauma received during the performance of official duties. The duration does not exceed a month (30 days).
As a compensation
Generalized name for additional vacation days. The reasons may be different:
- Travel to the vacation destination. The main part is extended for no more than 15 days in total.
- Taking into account climatic conditions.
- When participating in military exercises.
This is not an independent variety.
Sabbatical
Expert opinion
Kuzmin Sergey Yaroslavovich
Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
Available to military personnel seeking an advanced degree. The deadlines are 30 days in addition to the main study leave to prepare for the defense of a candidate's dissertation, 90 for a doctoral dissertation.
Leave for military spouses
Wives (husbands) of military personnel can apply to go on vacation at the same time as the contract soldier himself. Extending the spouse's vacation time is also possible. Including at your own expense.
Vacation for contract soldiers and conscripts
Almost all of the types described apply only to contract soldiers. But conscripts in exceptional conditions can also apply for free days. There are several reasons:
- Personal circumstances (same as described above).
- Participation in hostilities (real leave is provided or the period of military service is reduced).
- Before switching to contract service.
If rights are violated by the command, a conscript or contract soldier can seek justice in the courts and the prosecutor's office.
Vacations for military personnel are not an easy and rather confusing thing. The law provides for life-based circumstances that are considered reasons for granting time off.
In the year of dismissal from the RF Armed Forces, a serviceman is granted basic and additional leave. The latter is leave for personal reasons, which is also called “demobilization” or “presidential.” Is it possible to get additional leave upon leaving the service and what needs to be done for this is described below in the article.
How to get demobilization leave for 30 days
Frequency of rest The law contains a rule that military personnel must rest regularly. They are entitled to basic and additional vacations twice a calendar year. In this case, the personnel department first draws up, and the manager approves, a vacation plan. The following categories of soldiers have the right to a preferential choice of the date of departure from the unit for rest: Hint: husbands of pregnant wives (during childbirth) have priority in choosing the date of departure. What benefits are available to spouses? Military spouses are entitled to benefits under the Labor Code. They can request unscheduled leave at their place of duty.
Are military personnel entitled to additional days off when leaving service?
Upon dismissal, a military man must take unused additional leave , if he is entitled to it. Also, if you have served for more than 20 years, you can go on demobilization leave for a month.
Based on clause 10 of Art.
11 Federal Law No. 76 of May 27, 1998 “On the status of military personnel” additional (“demobilization”, “presidential”) leave for personal reasons equal to 30 days is granted to military personnel who have served for 20 years or more and will soon reach the maximum age of stay on duty.
Also, military personnel with the specified length of service are entitled to leave if they are dismissed due to current health conditions or due to staff reduction.
Such vacation time is also available to those military personnel who have not used it before and remain in service after the expiration of the maximum period of service. You can take additional leave only once during your entire service life .
It is easy to determine whether the commander of a military unit can grant demobilization leave. Such vacation time is permissible if there is 1 of the following 3 grounds for dismissal:
- the expiration of military service does not occur in 3 years or earlier;
- staff reduction;
- according to your current health condition.
The condition of 20 years of military service must also be met.
According to Art. 49 Federal Law No. 53 of March 28, 1998, the age limit for military service for:
- Marshal of the Russian Federation (Army General, Admiral, Fleet Admiral, Colonel General) is 65 years old;
- lieutenant general (vice admiral, rear admiral, major general) - 60 years;
- colonel and captain 1st rank - 55 years;
- for a serviceman who has a different military rank - 50 years.
- for female military personnel this age is lower - 45 years.
In paragraph 15 of Art. 28 Regulations on the procedure for military service, approved. Decree of the President of the Russian Federation No. 1237 of September 16, 1999 lists other types of additional leave for the military:
- educational, creative, illness, personal circumstances;
- additional admission for combat veterans;
- additional clearance for military personnel serving in territories affected by the Chernobyl nuclear power plant accident;
- vacations provided after a space flight.
A serviceman can go on additional leave for personal reasons for 10 days only in the following situations:
- in the presence of a serious illness or death (death) of the family or a certain close relative of the military man (for example, spouse, mother, son, etc.) or a person who was dependent on the military man;
- after a fire or other natural disaster occurs in the apartment of a serviceman or his close relative;
- in other cases - by a separate decision of the unit commander.
Leave for military conscripts and under contract in 2021
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Procedure for provision
The procedure for a military member to receive leave in the year of official dismissal is as follows:
- At a specific deadline for the delivery of cases, which is established by the senior commander (Article 90 of the Charter of the Internal Service of the RF Armed Forces, approved by Decree of the President of the Russian Federation No. 1495 of November 10, 2007), before the completion of the contract, the personnel department employee warns the military man in writing about his dismissal. Along with such a warning, the military man is provided with information about the number of vacation days not taken.
- The serviceman draws up a report addressed to the current unit commander with a request to provide the required leave (main or additional), which has not yet been taken off as of a specific year of dismissal.
- After management approves the soldier’s report and prepares an official order, the military man goes on leave.
- The day after the end of the vacation, a dismissal order is prepared. At the same time, a full financial settlement is carried out with the dismissed person.
Leave upon dismissal is provided in full or in parts . Moreover, one part is at least 15 days (Clause 1, Article 29 of the Regulations on the Procedure for Military Service).
How to correctly calculate vacation days?
The duration of the required basic leave in the year of dismissal from service is calculated according to a special formula:
Incomplete months and days are rounded upward.
The standard number of days on a military serviceman’s annual leave depends on length of service (Article 29 of the Regulations on the Procedure for Military Service):
- from 1 to 9 years – 30 days;
- from 10 to 15 years - 35 days;
- from 15 to 20 years - 40 days;
- from 20 years - 45 days.
Length of service is considered in preferential terms, that is, increasing coefficients are taken into account . The basic rules for calculating preferential length of service are defined in Government Resolution No. 941 of September 22, 1993.
Example! Stepanov P. S.
is retiring from service on August 21, 2021. He has 11 years of military service.
He has the right to go on basic leave for 35 days. In 2021, Stepanov has not yet completed his required vacation days.
Thus, before leaving the service, Stepanov will go on basic leave for the following period = 24 days. (35 days
/ 12 months x 8 months).
If the current contract ends before the 15th, the current specific month is not taken into account. After the 15th, another day is added to the vacation for 1 month. To this rest time are also added those days that are due for participation in various military operations, carrying out daily duty and performing other official tasks.
To the resulting amount of basic leave, you will need to add the days of the required additional leave. It is provided in full.
Presidential leave for military personnel after 20 years of service
Features of the calculation Calculation of days due to an officer is carried out according to the following algorithm:
- The duration of each vacation period is determined: the main one;
- additional;
Let's look at the algorithm using an example:
- Major Ivanov has the right to the following types of rest: basic - 30 days;
- for length of service - 15;
- for work at the CS - 15.
- 30 s. + 15 s. + 15 s. = 60 s.
- 60 s. / 12 months = 5 s.
Are there any payments?
Upon dismissal, a serviceman is entitled to the following payments:
- one-time payment in accordance with Art. 3 Federal Law No. 306 of November 7, 2011 - 2 salaries (up to 20 years of service) and 7 salaries (over 20 years);
- a bonus in the amount of up to 3 salaries - paid only to those military personnel who conscientiously performed their military duties (clause 77 of the Procedure for providing monetary allowances to military personnel, approved by order of the Ministry of Defense of the Russian Federation No. 2700 of December 30, 2011);
- financial assistance is a payment that is accrued depending on the specific conditions of service (clauses 84, 89 of the Procedure for providing monetary allowances to military personnel).
If for some specific reason in the past years it was not possible to take the allotted vacation days, they automatically expire without providing a bonus or other monetary payment.
Read about payments and benefits to military personnel upon dismissal here.
Report
Expert opinion
Kuzmin Sergey Yaroslavovich
Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
A report for additional leave is submitted after the serviceman becomes entitled to such leave. You couldn't do this before.
In accordance with clause 28 of the Procedure, approved. By order of the Ministry of Defense of the Russian Federation No. 660 of October 30, 2015, the commander of a military unit must, at least six months before the end of the contract, send a serviceman on “demobilization” (“presidential”) leave for personal reasons. 2 months before dismissal, this information is submitted to the HR department.
The serviceman submits a report at least 6 months before the day of dismissal from service. In case of release from service due to staff reduction or illness, this document must be submitted from the date of verbal notification by the HR department of this.
A sample report can be obtained from your unit. This document contains the following information:
- Full name, position and military rank of the applicant.
- Request for additional leave of 10 (30) days.
- Vacation start date and departure city.
- Date of the report.
- Personal signature.
- report on the provision of additional leave to a military personnel
- report on the provision of additional leave to a military personnel
In the petition part of the report, you may not specify the length of service and the expiration date of the contract. Personnel officers independently carry out a similar calculation, based on the results of which they establish the right of a serviceman to receive additional vacation days upon dismissal.
Based on the results of the review, the serviceman is issued a separate extract from the new order, which reflects the end and start dates of the granted additional leave.
Rest after duty
The Minister of Defense of the Russian Federation determines a list of activities that are carried out without limiting the length of the working week. These include military service, exercises, and ship voyages. In these situations, a day is added to military personnel's rest after duty, which is not counted toward the main or additional leave.
Contract workers have the opportunity to receive compensation in the form of monetary compensation. The amount of payments is determined according to the procedure approved by the federal authorities.
Special attention is paid to the regular duty of military personnel as part of their service, for example, going on guard duty. In these cases, they are given additional time to prepare before the event in question. After its completion, they can also count on additional hours of rest in accordance with the charter.
For what reasons can a vacation period be denied?
If a citizen has received the right to additional leave by law, the commander has no right to refuse it. That is, the refusal can only be due to the lack of grounds for leave. This is possible in two cases:
- The citizen himself is mistaken about the grounds for dismissal. For example, a citizen has more than 3 years left until the end of his service, and he resigns at the end of his contract. He will be denied demobilization leave.
- The command is breaking the law.
In the latter case, you need to appeal the refusal of additional leave by contacting a military prosecutor or court. Below is an example of how a military man managed to defend his rights to additional leave as a combat veteran.
An example from judicial practice
Military veteran L. was not granted additional leave. Therefore, he was excluded from the lists of personnel of the military unit earlier than expected. The command rejected L.’s report on receiving additional leave for 2015 and expelled him from the personnel of the military unit on July 5, 2015.
After such a violation of legal rights, combat veteran L., who was in the reserve, filed a lawsuit in the military garrison court of Ulan-Ude. In the statement of claim, L. asked to change the day of exclusion from the personnel lists, taking into account the provision of additional vacation time.
Based on the results of the consideration, the Ulan-Ude court rejected such a claim. However, the East Siberian District Military Court overturned the decision of the first court and satisfied L.’s demand.
He considered that the decision of the trial court violated Art. 29 of Decree of the President of the Russian Federation No. 1237 of September 16, 1999, according to which additional vacation time is established until the day the person being dismissed is removed from the lists of military unit personnel.
In order to restore L.’s rights, the East Siberian Court ordered specific officials of the military unit to postpone the established date for L.’s exclusion from the lists of personnel by the number of vacation days allotted to him—to July 21, 2015—and to pay him the corresponding monetary allowance.
As a result, following the decision of the East Siberian Court, the command granted L. additional leave for 2015.
The example is taken from judicial practice on granting leave to a military personnel upon dismissal. Source - review of the judicial practice of military district courts in administrative and civil cases in 2021, approved by the Presidium of the RF Armed Forces on July 19, 2017.
7 minutes Author: Elena Pavlova Elena Ivanova 106
- Types of leave in the army
- Contractor's vacation
- Additional leave
- Procedure for provision
- Schedule
- Duration of rest for a contract soldier in 2020
- Video on the topic
Military personnel, in the understanding of some ordinary people, are those who are obliged to guard state interests every minute and act as defenders of the Fatherland. But since the military are people just like the rest of the population, they also need rest.
The right to rest is enshrined in the Constitution for all citizens of the country. Leave in the army is determined at the legislative level. There are regulations for providing periods of rest during which military personnel are released from service. Breaks in service are intended as regular rest, but there is also provision for release from work to resolve personal issues.
The leave of a serviceman under a contract has its own specific terms of provision, according to the regulations, and the duration of the appointment. Military work is often associated with emotional stress; performing combat missions can lead to harm to health and physical properties.
Therefore, Russian legislation predetermines special rules for the rest regime for contract soldiers.
What does leave upon dismissal consist of?
Vacation days are calculated as follows:
• basic leave for the months worked in the last year; • overtime for duty and holidays; • days provided for climatic conditions and increased danger; • additional leave for combatants.
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Only upon repayment of all debts to the resigning employee can he be excluded from the list of personnel. It should be taken into account that the last leave is included in the length of service. When calculating lump sum benefits and pension and social security, vacation days upon dismissal are also counted as worked. Leave upon dismissal is taken into account when registering clothing and material allowances. If upon dismissal there are violations in the accrual of monetary and material payments, or incorrect calculation of vacation days is made, then the serviceman must be reinstated to his place of service without fail until the violations are eliminated.
Types of leave in the army
Since military service is work, a break from it is given to the army soldier as much as to an ordinary citizen. Rest time is equally provided, which takes the form of paid leave or a break from work without pay. The type of recreation depends on the situation in which the military man finds himself.
The leave of a military personnel cannot always be determined by general provisions, since there are differences in the nature of the types of activity. Therefore, a separate legal framework has been developed for army personnel. According to existing standards, vacations in various directions can be provided, the main ones are collected in the table:
Contract employees
Passing the Armed Forces upon conscription *
soldiers and sailors - 20;
sergeants and foremen - 30
Can be extended by five days. This number of days is taken away in case of a violation.
Applies to contract soldiers and conscripts
Depending on the situation and at the discretion of management.
May be provided by management as an incentive.
For pregnancy and childbirth
Defined within the same framework as in civil conditions.
It can be extended, giving way to parental leave.
* leave that is not used for good reason during the period of service is granted upon dismissal from the army.
Contractor's vacation
The procedure for granting leave and its regulations to a military personnel is based on the following standards:
- Decree No. 1237 of the President of Russia.
- Federal Law No. 76 “On the status of military personnel.”
Since not all aspects are taken into account in the fundamental legal acts, generally accepted norms are applied in the absence of the necessary information on this topic.
The specifics of determining the duration of rest time for a contract soldier include the following precedents:
- The duration of the planned vacation is added to the number of days that must be spent on travel to the vacation spot and back with payment for travel. The length of travel time is indicated on the vacation ticket.
- If the main vacation is divided into parts, the additional travel time is used once.
- Vacation time is assigned in any season, taking into account the principle of alternating months of their use. But the rest provided should not affect the guarantee of combat readiness of the HF.
Registration procedure
To receive a vacation period, you must draw up and submit a report :
- In its upper right corner the rank of the commander and his full name are indicated. The employee does not indicate his last name and first name in the header of the document!
- Then the title of the document is written in the middle and the request is briefly stated. At the very beginning of this part of the document, the surname, name and rank of the employee is entered (for example, the report of Sergeant Ivanov O.I.). The start of the vacation period is indicated.
- If travel time is required, this is also recorded in the document.
- Next, information is entered about the place of vacation and the people with whom it will be spent (for example, with family). At the bottom is the date of compilation and the signature of the employee.
- Having examined the report, the commander issues an appropriate order. On its basis, vacation pay is paid to contract workers. Conscripts are additionally instructed by the chief of staff or immediate commander. They are then given a vacation ticket.
Additional leave
Unlike civilians, who without any problems can agree with the leadership about rest or time to resolve personal issues, military personnel are out of the question about agreements with commanders, despite the fact that an army man is the same person, with his own needs and desires. Defenders of the Fatherland have been given a framework to resolve individual issues in the form of providing additional support.
vacations.
For personal reasons
An army soldier can get a break from work with the interpretation “due to personal circumstances” using the grounds that are enshrined in Article 31 of Decree No. 1237, by presenting written evidence of the reason.
A serviceman may be released from service for a period of up to 10 days in the following situations:
- Funeral of a loved one and relatives by property.
- In case of serious illness of the above persons, which presumably can lead to death and the inability to say goodbye.
- A disaster of a natural nature has befallen a military family, and the relatives need his help.
- At the birth of a child.
- Weddings of a close relative.
Due to illness
Expert opinion
Kuzmin Sergey Yaroslavovich
Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
This type of leave is assigned to an army soldier who has the appropriate conclusion from a military medical commission. This procedure is defined in the Regulations on the procedure for military service.
Exemption from work due to illness is provided for the following period:
- Conscript – no more than 60 days.
- Contractor - no more than 30.
A medical examination to determine the preliminary terms of release due to illness and the need for its subsequent extension is carried out by decision of the head of the military medical service where the military man is undergoing inpatient or outpatient treatment. The timing of release is influenced by the degree and characteristics of the disease.
The end of the permitted period of treatment requires a new commission medical examination to resolve the issue of the person’s suitability for further service.
By length of service
The number of days that can be added to a militant’s long-service leave is directly influenced by the duration of the military’s service. The term is calculated based on the total time devoted to the service in the following order:
Number of additional days
Military personnel can enjoy above-standard preferences every year. The basis is a written order from the commander-in-chief of the military unit.
Carrying out military activities in particularly difficult circumstances allows you to count on an increase of several more days. This time can last no more than 15 days.
Combat veterans are also entitled to additional rest lasting 15 days.
Schedule
Responsibility for drawing up the leave schedule and adhering to its implementation lies with the unit commander. This document is drawn up in accordance with standards that also place responsibility on the performers for its implementation.
When drawing up the schedule, legal norms must be taken into account regarding the provision of leave at the request of the military personnel. They concern the following categories of military:
- Veterans of the Great Patriotic War, the so-called “veteran”.
- Veterans DB.
- Military personnel with Chernobyl status.
- If a military man has three children under 16 years of age or one incapacitated child.
- Single army men with children under 14 years old.
- Persons awarded the “Honorary Donor of Russia” badge.
If a husband and wife serve the Fatherland and wish to spend a vacation together, then by law they submit a report about this. Receiving a refusal from management can be appealed in a military court.
The vacation plan can be changed taking into account the need to maintain the combat and mobilization readiness of the HF.
Duration of rest for a contract soldier in 2021
To calculate the duration of vacation, the formula is used:
To = Po.o/12*Ds.g, where:
Po.o - how much basic leave is due to a specific fighter; Ds.g, – the number of full months of service that have passed from entry into the HF to the end of the calendar year.
If you receive an incomplete number of days, you must round them, which, according to the rules, is done upward.
This procedure is applied when calculating the duration of the main leave necessary to determine the DD for early dismissal from the army. Calculation condition – vacation was not used according to the schedule.
The presence of several grounds for the official extension of rest time allows you to sum up the allotted day. The duration of the vacation is set in comparison with the duration of vacation permitted by regulations (60 days).
With the consent of the military personnel, additional days can be used before the start of the vacation. Calculation of days of rest is carried out according to the principle - one day of rest for every day established in excess of vacation. Days off are recorded in a separate journal.
Military personnel who have graduated from a university are granted basic leave upon completion of the educational process.
Unfortunately, during the performance of official duties, army personnel do not comply with Labor Code standards. If the commander has not provided his subordinate with leave for two years, regardless of the reasons, then the soldier is entitled to receive rest in the next quarter of the next year. Compensation for unused vacation is not provided.
Expert opinion
Kuzmin Sergey Yaroslavovich
Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
The main document regulating the provision of leave to contract military personnel is Federal Law No. 76-FZ “On the Status of Military Personnel” dated May 27, 1998. Article 11 of this document is devoted to service time and the right to leave.
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Additional information on leaves of contract military personnel is contained in section No. 7 of the “Regulations on the procedure for military service”, approved by Decree of the President of the Russian Federation No. 1237 in 1999.
Also, the provision of rest to military personnel can be regulated by internal documents and decrees adopted by the leadership in part and not contradicting general civil legal concepts (including labor law norms).
How is vacation calculated?
The duration of the vacation period for persons who have signed a contract is calculated as follows:
- The main vacation period is divided by 12 (for example, if you have less than ten years of service, it is 30 days, and they need to be divided by 12).
- The number of days is then multiplied by full months of service (for example, from the beginning of the calendar year to the moment of dismissal or from the beginning of service to the end of the calendar year).
- When making calculations, the resulting figures are rounded upward (this applies to days and months). Exactly the same principle is used to calculate additional vacation periods.
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Types of vacations
Contract military personnel can take advantage of several types of leave. The conditions and timing of their provision depend on many factors: gender, length of service, participation in battles, education, etc.
Annual main
First of all, a contract soldier is granted basic annual leave, the duration of which is directly related to the length of service.
Depending on length of service, the number of days off per year ranges from 30 to 45 days. Every 5 years of contract service, 5 days are added to the annual paid leave.
As a result, the main leave is provided to contract soldiers according to the following scheme:
- for less than 10 years of service – 30 days a year;
- from 10 to 15 years – 35 days a year;
- from 15 to 20 years – 40 days a year;
- from 20 years and more – 45 days a year.
Additional
If a contract soldier’s service takes place under particularly difficult conditions, then additional days (no more than 15 days) can be added to the main rest period. At the same time, the total duration of rest, including main and additional ones, cannot exceed 60 days (excluding the time it takes to travel to the place of rest).
Those eligible for additional leave include:
- military personnel taking part in hostilities;
- persons serving under contract in conditions that threaten life and health;
- employees of military units in the Far North and similar areas.
For personal or family reasons
A serviceman may have personal or family circumstances that require him to be absent from service. In this case, he will need to provide supporting documents to the management of the unit. The maximum period a serviceman can count on in this case is 10 days.
Valid personal reasons for absence from work include:
- serious illness or death of a close relative or guardian;
- an unforeseen incident that happened to family members of a military personnel (for example, fire, natural disaster, etc.).
Other cases for which leave may be needed are considered individually by the unit's management. For example, by law, a military man is not given days off for his own wedding, so the possibility of getting time off in this case will depend only on the decision of his superiors.
Training
Provided to military personnel serving under contract and simultaneously undergoing training in military or vocational educational institutions on a full-time or part-time basis.
Students studying at the military department are provided with additional rest twice a year:
- in summer – for 30 days;
- in winter - for 14 days.
Quite often, military personnel undergo correspondence training in doctoral or postgraduate studies. In this case, the unit is required to provide an additional day of rest every week throughout the entire academic semester, and in the last year - two days a week (at the request of the student).
There is also a month to defend a candidate’s thesis or dissertation. If a serviceman receives the title of Doctor of Science, he should be given about 6 months of rest, candidates of science - 3 months.
Sick leave
Sometimes military personnel may be granted sick leave. This will require an appropriate conclusion from a military medical commission.
Expert opinion
Kuzmin Sergey Yaroslavovich
Lawyer with 8 years of experience. Specializes in the field of civil law. Legal expert.
If a serviceman does not go to service for a long time due to illness, he may be assigned to undergo a medical commission that determines his suitability for further service.
The procedure for paying compensation for travel to the place of vacation
We seem to have figured out exactly when a serviceman can count on compensation. Now it’s worth considering the procedure for obtaining such compensation. After all, there are a number of mandatory requirements that must be met in order for the costs to be reimbursed in the future. Let's talk about them in more detail.
Firstly, the main requirement in this case is that the location of the main vacation must be on the territory of the Russian Federation. Those. If a serviceman decides to vacation with his family abroad, he will not be able to count on compensation in the future. This rule applies to absolutely everyone, regardless of rank, position and length of service. At the same time, this rule also applies to those who serve outside our country.
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Secondly, there are also some restrictions regarding transport . A military personnel can use any type of air, water or land transport within the limits established by law. For example, with regard to ground transport, expenses incurred for using taxi services and similar types of ground transport are not subject to compensation. Also, if a serviceman decides to use the railway service, then he can count on reimbursement of costs only if a so-called reserved seat has been purchased. SV and similar places are not eligible for compensation. For air and water travel, only economy class options are used. Otherwise, the costs will not be reimbursed.
At the same time, there are a number of so-called incentive measures, according to which a military serviceman has the right to receive compensation for travel to the place of vacation and for one member of his family , which, as a rule, include the following:
- adult children with an established degree of disability, provided that the degree of disability was assigned before reaching adulthood
- children under 23 years of age undergoing full-time training
- persons registered as dependents
How is compensation paid for travel on vacation for a military personnel?
The actual compensation is paid after the serviceman arrives from leave. Those. the initial expenses for purchasing travel tickets and other things are borne by the military man himself, after his arrival at the unit, all this is subject to reimbursement. In such cases, the serviceman must submit a report to the unit commander (or to the person responsible for this procedure) and attach documents confirming the travel losses incurred. At the same time, a vacation ticket is also attached to this list, which contains a note about the serviceman’s stay at the place of vacation. If a member of his family was on vacation with the military man, then his travel tickets are also submitted with the total number of papers.
The mechanism for the implementation of reimbursement of expenses incurred by military personnel when driving their car to the place of recreation and back is regulated by the Guidelines for the registration, use, storage and handling of military transportation documents in the Armed Forces of the Russian Federation, introduced by an act of the Ministry of Defense of the Russian Federation dated June 6, 2001, by virtue of p. 86 of which military personnel undergoing military service under a contract in military units located in the regional parts of the Far North and adjacent regions are compensated once every two years for the costs of travel within the borders of the Russian Federation in their car to the place of use of recreation and back.
At the same time, the costs of traveling in your car are compensated on the basis of a submitted military report with mandatory documentary evidence of your presence at the place of vacation in the amount of actual costs incurred to pay for the cost of spent gasoline, confirmed by receipts received at gas stations, but not more than the price of travel, established on the basis of gasoline consumption standards established for a given vehicle, and based on the shortest route.
According to paragraph 85 of the Guidelines we mentioned, persons who have the legal right to travel at the expense of the assets of the Ministry of Defense of the Russian Federation, who have not received or have not used military transportation documents, are reimbursed based on actual expenses incurred. The reason for reimbursement of expenses in these situations is a military report, papers confirming the legal right to travel at the expense of the assets of the Ministry of Defense of the Russian Federation (an order, a vacation ticket with mandatory notes on being at the point of use of the vacation), papers on expenses incurred, unused military transportation papers or certificates , issued on the receipt of the requirements of Form No. 1, indicating in it that the allotted travel benefit was not used.