It is undeniable that the activities of military personnel are one of the main ones in the Russian Federation, as they are associated with the protection of the sovereignty of our country.
Moreover, this activity is associated with a threat to the life and health of a serviceman, which requires the state to provide additional social guarantees for these persons; we will consider one of the specified guarantees as annual paid leave in this article.
In addition, military personnel are provided with parental leave, maternity leave, as well as leave for the period of training.
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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.
Additional leave can be taken in one year out of 3 years before the serviceman reaches the established age limit for serving in the RF Armed Forces or in the year of dismissal 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.
How to get demobilization leave for 30 days
I want to take demobilization leave, but the personnel department says that it is not allowed in my situation. Help me to understand. Now I am fully 44 years old, I have a total experience of 20 years, I signed the contract in 2013 with an expiration date in 2021 (according to the age of 45 years). Due to the fact that, at the legislative level, the terms of maximum service have been increased by 5 years, according to personnel officers, I cannot apply for demobilization leave in 2021, and can only claim it after reaching 47 years of age if I continue to serve.
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).
Reasons for vacation recall
Defenders of the Fatherland can be recalled to their unit at any time. This norm is described in Art. 33 Regulations, approved. By Decree of the President of the Russian Federation of September 16, 1999 No. 1237. The order must have a basis
- emergency situation;
- mobilization;
- other (established by the Commander-in-Chief - the President of the Russian Federation or the Minister of Defense).
Important: the vacationer is obliged to report to the unit location as soon as possible.
Moreover, if the unused part of the vacation is more than 10 days, then the serviceman is given the right to free travel from the place of vacation to the place of 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:
Number of vacation days on the day of dismissal = (Standard length of vacation time / 12) x (Number of full months of military service from the beginning of the current calendar year to a certain day of dismissal).
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 leaving service on August 21, 2021. His military service experience is 11 years. 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.
Dismissal before vacation
Officers are given another preference. It is called presidential , since it is established in part 12 of article 31 of the Regulations, approved. Decree of the President of the Russian Federation No. 1237. Officers and private contract soldiers who have reached 20 years of service (excluding seniority benefits) have the right to another vacation period of 30 days at their request.
Presidential preference is granted based on the officer's report at any time before dismissal.
In addition, according to established rules, military personnel are required to take advantage of all non-vacation periods before leaving for the reserve. The personnel service makes calculations and calculates the salary. The officer is sent off to take all the days off that he did not receive during his service (compensation is not practiced in the army).
We describe typical ways to resolve legal issues, but each case is unique and requires individual legal assistance.
To quickly resolve your problem, we recommend contacting qualified lawyers on our website.
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).
The list of payments above does not include monetary compensation for vacation days not taken off. Thus, the serviceman must use all vacations in the years in which they were due.
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
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.
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.
The report contains a reference to such a provision of the law - clause 10 of article 11 of Federal Law No. 76 of May 27, 1998. The report is considered within 30 days from the date of submission (in practice - within 2 weeks).
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.
Protection of the rights of military personnel when exercising the right to leave
The above guarantees, although enshrined in the law, are not always observed by the command of military units; in this regard, the most common violation of the rights of a serviceman is the refusal to extend leave due to illness or personal circumstances, as well as travel compensation.
Since these violations are initiated by the command of the military unit, one should not forget that a serviceman will always be able to protect his rights in the garrison military courts at his place of service. Moreover, it is worth mentioning the supervisory authorities, namely the military prosecutor's office, where you can also apply.
Our Law Office will help you prepare the most well-reasoned document for greater efficiency in protecting your rights.
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.
Can a military personnel be dismissed without providing housing or subsidies? What is the procedure for providing housing for military personnel upon discharge? Our articles will help you answer these questions.
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 are entitled to a preferential choice of the date of departure from the unit for rest:
- combat veterans;
- liquidators of the accident at the Chernobyl nuclear power plant;
- raising: a disabled child (up to 16 years of age);
- a minor under 14 years of age without a second parent;
- three or more minors;
Hint: Husbands of pregnant wives (during childbirth) have priority in choosing a departure date.
