Leave for the wife of a serviceman together with her husband under the Labor Code of the Russian Federation

09.07.2019

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5 minutes.

The question of the procedure for granting leave to the wife of a serviceman is considered extremely relevant. In accordance with the Labor Code of the Russian Federation, immediate relatives of this category of employees can count on receiving additional rest. This is a kind of benefit that is guaranteed by law and cannot be violated by employers. You should find out how leave is issued to the wife of a serviceman under the Labor Code of the Russian Federation, and in what cases refusal is possible.

general information

The legislation provides for a number of benefits and privileges, including the provision of leave to the wife of a serviceman. In this way, the state tries to compensate for the inconveniences associated with military service. This, in turn, is often accompanied by hardships and difficulties that affect not only the army men themselves, but also their close relatives.

Legislative regulation

According to Article 123 of the Labor Code, every officially employed citizen must go on paid leave every year. This is a right that is reserved for all employees with more than 6 months of service.

It is important to know! Military service is not regulated by the Labor Code. Therefore, the procedure for going on vacation for the military is different. It is discussed in detail in Federal Law No. 76 “On the status of military personnel.”

The same law, in paragraph 11, states that spouses of employees can, upon request, be granted leave at the same time as their husband. Its duration is usually the same. If it exceeds the period of annual paid rest, then the number of days that makes up the difference is not compensated by the employer. Thus, the leave of a serviceman's wife together with her husband is guaranteed by law. As for the Labor Code of the Russian Federation, this normative act also addresses the issue of providing rest to spouses of army personnel. This is stated in Art. 128. This clause guarantees the possibility of taking additional unpaid leave, the duration of which is up to 14 days.

In what case is it provided?

The law provides for leave for the wives of military personnel, which takes place simultaneously with the husband's rest. You can get time off on any other day on the basis of the Labor Code. However, in this case we are talking about additional days off, which are not paid by the employer.

Most enterprises have a vacation schedule for employees. They also include the wives of army men. The difference from other categories of workers is that military spouses can reschedule their vacation so that it coincides with the date of temporary termination of the husband’s service.

Terms of service

A woman whose spouse serves under a contract is guaranteed a number of benefits. They are associated with work, and in particular with going on vacation. Among them:

Possibility for a serviceman's wife to go on leave at any time of the year;
The right to postpone dates, despite the schedule approved by the enterprise;
The opportunity to get leave regardless of the number of days off given to the husband;
The right to increase the duration of time off due to administrative leave.

The length of rest depends on various factors. It should be understood that if a military man was given, for example, 45 days off, this does not mean that the spouse can count on a similar period. The period of paid leave for wives of military personnel under the Labor Code is determined taking into account the length of service and the number of days worked for the previous pay period. Minimum duration – 28 days.

Providing leave to the wife of a serviceman

Lawyer Gorobets Igor Yurievich

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On the merits of the question asked, we report the following.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.

In accordance with Art. 115 of the Labor Code of the Russian Federation, annual basic paid leave is provided to employees for a duration of 28 calendar days.

Annual main paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

By virtue of Art. 123 of the Labor Code of the Russian Federation, the priority for granting paid vacations is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified of the start time of the vacation by signature no later than two weeks before it begins.

Certain categories of employees, in cases provided for by the Labor Code of the Russian Federation and other 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 with this employer.

According to paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the status of military personnel”, spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel. In this case, the duration of leave for spouses of military personnel can, at their request, be equal to the duration of leave for military personnel. Part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay.

Thus, you have the right to receive leave together with your spouse's leave.

To do this, you need to write an application addressed to your employer indicating the vacation period. The said application must be accompanied by a marriage certificate, a document confirming the status as a military personnel, and an order granting leave to the spouse.

For a more detailed answer to your question, we recommend that you contact the reception office of lawyer Sergei Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-912-343-72-22.

Attention! The information provided in the article is current at the time of publication.

Registration procedure

In general, leave to the wife of a military man under the labor code is given in the same manner as other types of temporary cessation of work. The employee needs to write a statement to management indicating a request for the required number of days off.

In this matter, difficulties may arise regarding what content a written request should have. If a woman goes on leave as scheduled, then she needs to indicate in the text a request for another paid leave. If there is a need to adjust the date, you should write a request for a postponement. In any case, such documents are drawn up in free form.

There is one more feature that army spouses should take into account. According to the law, leave is granted to the wife of a serviceman with written confirmation. These include the following documents:

Marriage certificate;
A copy of the order granting leave to the husband;
Certificate from the military unit.

Attention! These documents confirm the right to grant or transfer non-working days. If necessary, along with the application, you can submit another one - to extend your vacation by taking time off without saving your salary.

In the future, management will consider the employee’s request and check the provided certificates. This is followed by a standard procedure involving the issuance of an order, which is drawn up in the T-6 form. It includes the order number, date, type of leave. The document must contain the signature of the manager and the seal of the enterprise.

Procedure for applying for benefits

Granting leave to the wife of a serviceman is carried out according to the rules of the procedure established by law. To apply for a benefit, a woman will need to submit an application with an attachment that will confirm the existence of the corresponding right, that is, a certificate issued at the place of service.
The certificate must contain the following information:

Details of the person to whom this document was issued (including his rank, surname, first name and patronymic, as well as the number of the unit in which he serves);
An indication of the fact that such a person is in military service;
An indication of the time period for which the military man is given time off, as well as the total duration of the rest period provided;
An indication of the wife, as well as her possibility of receiving leave during the same period of time when the army man receives it, as well as a link to the relevant legislation (the labor code and the norms of other acts);
If the duration of the spouse’s vacation is less than that of the spouse, then an indication of the possibility of providing an additional period that will not be paid, that is, provided at one’s own expense;
The fact that the paper was issued for presentation at the place of work;
Commander's signature.

After receiving this document, the spouse delivers it to the place of work along with an application, which must contain the following information:

Document header. It indicates the details of the applicant, employer, and boss to whom the application is being submitted. Data must be taken from identity documents, as well as the employment contract;
Next, the request to receive absence on certain days is indicated, then the rationale for the request (in connection with the current legislation and a certificate provided at the spouse’s place of work).
The details of the military unit in which the spouse is serving, his details, including rank, must be indicated.
At the end there is a date and signature.

After this, registration is carried out according to the general rules established by the current labor legislation: the manager imposes a resolution, the personnel department prepares an order, which is signed by the manager and the person who submitted the application.

Important! If an employer denies a vacation at the same time as her spouse and she has submitted all the necessary papers, his actions can be challenged both in court and through the labor inspectorate.

The legislation allows the use of both methods of protection simultaneously.

Accrual of vacation pay

When going on paid leave, wives of military personnel are given financial compensation. Its size is determined based on the amount received for the previous billing period. The average daily earnings are calculated, which are later multiplied by the number of days of vacation provided. At the same time, not only salary is taken into account, but also other payments: bonuses, allowances, bonuses for overtime.

Attention! It is important to remember that compensation is provided only for days spent on paid leave. If the military spouse continues her vacation due to time off without saving her salary, then the manager is not obliged to accrue money to her.

When issuing and reading the order, the employer is obliged to provide the employee with a payslip. As a rule, this is done on the last day before temporarily leaving work.

Who is eligible for benefits

To determine who is eligible for benefits, it is necessary to determine which bodies or departments are covered by the law.

Ministry of Defense of the Russian Federation (we are talking about regular army soldiers serving under a contract; conscript soldiers do not receive a similar right);
Some services, for example, technical cooperation, control of defense orders, others (employees of these organizations are also considered career military personnel);
Foreign intelligence;
Spetsstroy (the organization provides the construction of facilities further used by military personnel);
Federal Security Service;
Ministry of Internal Affairs, that is, the police;
FSKN (drug control organization);
Ministry of Emergency Situations (its individual structures).

The peculiarity of these structures is obvious - such work is practically equivalent to army work, therefore the chosen ones of such employees have a number of advantages provided for by legal norms.

The prerogative that the wife of a serviceman has is to provide her with leave at the same time as her husband.

Important! The duration can be increased so that it is equal to the duration of the husband's leave. However, that part that exceeds the period allotted to it is provided without payment.

When the spouse's time off exceeds the military vacation, she does not have the right to additional days. She will have one privilege left - the right to choose the time period.

Legal regulation

The peculiarities of military service, which takes much more time than civilian work (with some exceptions), make it necessary to introduce prerogatives not only for the servicemen themselves, but also for members of their families.
They often do not have the opportunity to spend enough time with their family, which must be compensated for by additional concessions. Taking into account this circumstance, the legislator provided military spouses with the opportunity to get time for rest at the same time. This point is enshrined in the Labor Code of the Russian Federation, Article 123, as well as Article 11 of Federal Law No. 76-FZ “On the status of military personnel.”

Download for viewing and printing:

Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel”

Arbitrage practice

Most often, the issue is resolved voluntarily.
The employer, having familiarized himself with the current legislation, provides the required rest during the selected period, even if he initially refused. There are situations when it comes to litigation. Thus, in May 2021, one of the district courts of Moscow satisfied the plaintiff’s demands and ordered the company to fulfill its obligation. The defendant argued that the schedule had already been drawn up in advance, so he had no such factual possibility. His arguments were found to be insufficient.

Refusal to satisfy the plaintiff’s demands occurs only when the applicant made certain mistakes, for example, did not provide the boss with the entire package of papers.

Calculation of vacation pay

The amount of payments when using this right will be equal to payments on a general basis. An annual period is used as the calculation period; if the employee’s length of service is less, then the actual time worked. For the calculation, not only salary is used, but also additional payments (for example, bonuses). Attention! If the military spouse took advantage of the privilege of receiving additional days of rest in order to equalize it with the duration of her spouse’s vacation, then it is worth remembering that they are provided without payment.

Can they refuse?

Often a situation arises when management does not give vacation. This problem can be faced not only by military wives, but also by any other workers. The manager’s refusal may be justified or unlawful.

First of all, it is necessary to take into account that according to the Labor Code, the employer is obliged to give vacation annually and at the same time pay for it. If he does not do this for more than 1 year, the employee can contact the inspectorate.

Cases where military wives are not given time off are common. Sometimes such a refusal is legal. For example, leave may not be given if the woman has not presented documents confirming that she is a relative.

In addition, people are sent on vacation only for a certain period of time, exceeding which is not allowed without the consent of the employer. This means that if an employee has already been on paid leave recently, she will not be able to get a second one without management approval.

In other cases, refusal is regarded as a violation of the employee’s rights. If the employer does not provide the required rest, he can be held liable. To do this, you should file a complaint with the labor inspection department or the prosecutor's office at the location of the enterprise. You can achieve punishment for the offender and financial compensation by filing a lawsuit.