Rules for registration and calculation of additional leave for combat veterans

Who is classified as a combat veteran?

In accordance with Art. 3 of the Federal Law of January 2, 2000 No. 40-FZ “On Amendments and Additions to the Federal Law “On Veterans”” combat veterans include:

• military personnel, including those transferred to the reserve (retired), those liable for military service, called up for military training, members of the rank and file and commanding officers of internal affairs bodies and state security bodies, employees of these bodies, employees of the Ministry of Defense of the USSR and employees of the Ministry of Defense of the Russian Federation sent to other states by government bodies of the USSR, government bodies of the Russian Federation and those who took part in hostilities in the performance of official duties in these states;
• military personnel, including those transferred to the reserve (retired), private and commanding personnel of internal affairs bodies and state security bodies, persons who participated in operations during government combat missions to clear mines from territories and objects on the territory of the USSR and the territories of other states during the period from May 10, 1945 to December 31, 1951, including in combat minesweeping operations from May 10, 1945 to December 31, 1957;
• military personnel of automobile battalions sent to Afghanistan during the period of hostilities there to deliver goods;
• flight personnel who flew from the territory of the USSR on combat missions to Afghanistan during the period of hostilities there;
• persons (including flight crew members of civil aviation aircraft who flew to Afghanistan during the period of hostilities there) who served military units of the Armed Forces of the USSR and the Armed Forces of the Russian Federation, who were located on the territories of other states during the period of hostilities there, received in connection with with this, wounds, concussions or injuries, or those awarded orders or medals of the USSR or the Russian Federation for participation in supporting the specified hostilities;
• persons who were sent to work in Afghanistan in the period from December 1979 to December 1989, who worked the period established upon deployment or were sent ahead of schedule for good reasons.

Is it possible to use “old” holidays under the Labor Code of the Russian Federation in 2021?

In 2021, an employee has the right to take all vacations accumulated during previous periods (Article 124 of the Labor Code of the Russian Federation). So, for example, an employee can add “old” vacations to the vacation for the current working year 2020. Let’s say that if an employee has 13 calendar days of vacation left unused from the last 2021 working year and they transferred to the next 2021 working year. A person is not obliged to first take vacation only for these 13 days, and only then take a separate vacation for 2021.

If an employee decides to resign in 2021 and on the day of dismissal he will have unpaid leave, then the employee can (Article 127 of the Labor Code of the Russian Federation):

• or write an application for leave with subsequent dismissal;
• or receive compensation for unused vacation.

Thus, we conclude: does vacation from previous years expire in 2020? No, it doesn't burn!

Which combat veterans are entitled to additional leave?

In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (as amended and supplemented), additional leave is granted to military personnel who have the status of a combat veteran, who continue to perform military service, or to military personnel who have entered into a contract for military service. .

Example:

Pakhomov P.P. has the status of a combat veteran (participated in hostilities in Chechnya), but at the same time works as a physical education teacher at school. In this case, the additional leave referred to in the Federal Law of May 27, 1998 No. 76-FZ, Pakhomov P.P. not supposed, because he is not currently an active military member.

Does the employer have the right to reject the application?

A good reason is usually considered to be a situation where personal attendance is truly urgent. For example this:

• serious illness of a relative or ward;
• emergency situation - flood, fire, destruction of a house;
• sending my son to the army;
• the need to pass exams or attend university;
• educational activities, for example, the child’s presence at the assembly line or getting ready for camp.

It is also important to remember that any leave is requested only by the employee himself. An employer can give advice in certain situations, but in no case should you put pressure or coerce - this is illegal. Forcibly sending any citizen, not necessarily a veteran, on leave without pay is punishable by law.

As a valid reason, the employee in the text of the application refers to Art. 128 of the Labor Code, or the corresponding paragraph of the fifth Federal Law.

Persons entitled to the benefit can use their vacation at a time convenient for them

Can I sue?

With regard to how to protect rights in court, everything will depend on whether the refusal was lawful. If the employer refuses planned or additional leave, you should inquire about the reasons and only then raise the question of the claim. In no case should you leave work without permission, even if the right to leave is confirmed by law - this will be regarded as absenteeism and the employer will calmly fire such a subordinate without fear of any punishment.

If we are talking about additional vacations, then the refusal is already legal - if, for example, the businessman reasonably considered that the absence of an employee would negatively affect the team or business, but he did not give any valid reason for the absence.

But for a violation, the arbitrary boss will bear administrative liability under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Code of Administrative Offenses of the Russian Federation Article 5.27. Violation of labor legislation and other regulatory legal acts containing labor law norms

Thus, it turns out that there are no special conditions or rules for veterans receiving leave - they have the same twenty-eight mandatory days and two additional weeks. But regarding unpaid time off, you should negotiate with the employer - and in general, such issues are best discussed verbally first, so as not to put anyone in an awkward position.

Duration of additional leave

According to Art. 16 of Federal Law No. 40-FZ of January 2, 2000, combat veterans are given the opportunity to take annual leave at a time convenient for them and are granted unpaid leave for up to 30 working days a year.

In accordance with the federal law of May 27, 1998 No. 76-FZ “On the status of military personnel” (as amended and supplemented), military veterans of combat operations are granted leave of 15 days.

It should be remembered that this additional leave (lasting 15 days) is provided exclusively to active military personnel who have the status of a combat veteran.

Leave without pay

The very phrase “leave without pay” makes it clear that the time a person is absent will not be compensated, unlike planned or additional time off. Such rest cannot last more than thirty-five days.

At the same time, many questions arise about what year is meant when calculating, calendar or working. Most lawyers tend to believe that they rely on the working year. The duration of unpaid holidays affects the length of service, which, in turn, already affects the main leave.

Rules for receiving leave

The rules for receiving leave for veterans are the same as for ordinary employees.

Veterans have the same leave rules as regular employees:

Step 1. Decide whether to take a vacation.

Step 2. Discuss with the employer.

Step 3. Write an application. The rules here are also standard. There is no need to indicate or explain why the holidays were needed right now; it is enough to refer to Article 128 of the Labor Code of the Russian Federation. The application is written in two copies, then, after the secretary marks the acceptance, one is kept. This step is optional, but highly recommended in case of possible disputes.

Step 4. Wait for the General Director’s order to come out.

Step 5. Read the text of the order and put your signature under it.

The rules for calculating vacation pay are also standard here.

When are combat veterans entitled to additional leave?

Combat veterans have the right to dispose of additional leave as follows:

Calculation rules

First of all, it is worth understanding that when calculating additional leave for participants in military conflicts, one reporting year of work is taken.

However, sometimes a situation may arise where an employee with veteran status did not work the full number of days during the pay period .

In this case, the duration of additional leave can be calculated using the following formula:

Po = 15 / 12 * Fv,

Where:

• By – duration of additional rest;
• 15 – the number of vacation days established by law;
• 12 – number of months in a year;
• Fv – actual time worked for the billing period.

Calculation of payment for additional leave for participants in military conflicts is based on the following formula:

Oo = Po * (Salary / 29.3),

Where:

• Оо – payment for vacation;
• Po – duration of rest in days, which is calculated using the previous formula;
• Salary – the amount of funds earned during the billing period;
• 29.3 – average monthly number of days per year.

Using the above formulas, you can easily independently calculate the duration of additional leave, as well as the required vacation pay for participants in military conflicts.

How to apply for additional leave for combat veterans?

In order to apply for additional leave, a combat veteran must complete the following steps:

Features of receiving vacation pay

The Labor Code of the Russian Federation and the Federal Law “On Veterans” provide for the provision of additional time for annual rest to certain categories of citizens. This includes combat veterans.

Rest time for military personnel and their families can be provided in three types:

• at your own expense – up to 35 days;
• annual on a general basis – 28 days;
• additional – up to 15 days.

What are the features of providing time for rest?

The veteran has the right to take a time convenient for him, without observing the queue. By agreement of the parties, he can take it entirely or divide it. But when dividing a vacation, it must be taken into account that at least one of the parts must be for a period of more than two weeks.

Recall from vacation of such an employee is permitted only with his consent. Unused rest time must be provided at a time convenient for him. If it is not possible to do this in the current calendar year, then the missed days are added to the next annual leave.

According to Federal Law No. 76 of May 27, 1998, “On the status of military personnel,” clause 5.1 explains that the amount of basic leave increases due to the days required to travel to the place of rest and back.

Reference. If vacation is taken in parts, then the days spent on travel are added and paid only once.

Additional days of vacation in the amount of 15 days are paid from the state budget. Once a year in a calendar year, a veteran has the right to take leave at his own expense for 35 days at a time convenient for himself, guided by Article 16 of the Federal Law No. 5 of January 12, 1995.

How is additional leave calculated for combat veterans?

An additional 15 days of leave for a military personnel with the status of a combat veteran is granted for a full calendar year.

To calculate the duration of additional leave, you can use the following formula:

Amount DO – amount of additional leave

OV – time worked

Example:

Serviceman Pakhomov P.P. serves under a contract for 10 months. The amount of additional leave is: 15/12*10 = 13 days.

Vacation pay

Both for ordinary employees and for combat veterans, vacation pay will be calculated according to a single formula:

• All monthly salaries for the last year are summed up and divided by 12;
• The received amount is distributed in equal shares over 30 calendar days;
• The established rate is multiplied by the number of days that he will remain on legal vacation.

It is important to know! The same procedure for calculating vacation pay applies to additional time off paid at the expense of the enterprise. But when a dismissal is issued at the expense of a subordinate, the Labor Code does not provide for any material benefits.

Questions and answers

1. I was in Chechnya during my military service in 1993, but I am not given veteran status. Why?

Answer: The status of combat veteran is assigned to participants in military operations in Chechnya during the period 1991 and 1999-2009. You were in Chechnya in 1993 - this period is not subject to determining the status of a combat veteran for a serviceman.

1. If I leave military service, can I count on additional leave while working in civilian life?

Answer: In accordance with Federal Law No. 76-FZ of May 27, 1998 “On the status of military personnel” (as amended and supplemented), additional leave of 15 days is granted to active military personnel - combat veterans.
After you leave military service, your right to additional leave will be lost. Rate the quality of the article. Your opinion is important to us:

How to apply at your own expense for up to 35 days?

There are various life situations that force you to take a vacation at your own expense. This statement does not have a standard form, so it is written in the form that is customary in the company.

In the header:

1. full company name;
2. position and full name of the employer;
3. position and full name of the employee;
4. in the middle is the word “Statement”
5. further essence: “I ask you to grant me additional leave without pay on the basis of Article 16 of the Federal Law No. 5 for a period of thirty-five days from December 1, 2017. until 01/04/2018";
6. the date of writing the document is indicated;
7. signature with the employee's transcript.

The application must be accompanied by a combat veteran's identification document confirming the benefit.

After the employee’s application is reviewed by management, an order is issued in the established form T-6 , which contains the following data:

1. serial number;
2. Date of preparation;
3. the word “Order” in the middle;
4. under it: “To provide additional leave to Sidorov Petr Petrovich, who holds the position of driver, for the period of employment from November 1, 2016. until November 31, 2017";
5. the type of vacation and terms are indicated: “Vacation for combat veterans for 35 calendar days from December 1, 2017. until 01/04/2018";
6. the order is certified by the signatures of the manager and employee;
7. the date is set.

In addition to the veteran’s certificate, it is advisable to attach documents confirming the need for absence to the certificate. Such a document could be:

• death certificate of a relative;
• a certificate from the kindergarten or school about the child’s matinee;
• a copy of the application from the civil registry office.

If documents are not available, you can indicate in the application that copies will be provided later.

Veteran's ID

The right to additional rest is granted by a veteran's certificate. It allows you to get a vacation at any time you want. If in the inner part of the certificate there is o or “2” opposite the column “The bearer of this certificate has the rights and benefits established by the paragraph,” this gives the right to 35 additional days of rest at his own expense.

A document proving the validity of the reason for absence. The law provides for several factors that serve as the basis for extending a veteran’s leave. A valid reason for absence is a previous illness, confirmed by a sick leave certificate.

When performing public duty, a veteran liable for military service is given an official exemption from work duties. The reason may also be any other legal grounds that are confirmed by official documents and indicate the inability to appear at work on these days.

Disabled war veterans are given the greatest labor benefits. According to Article 128 of the Labor Code of the Russian Federation, they are entitled to 60 additional days of leave without pay in addition to the main one guaranteed by Article 115 of the Labor Code of the Russian Federation. Participants in hostilities have the right not to appear at work for an additional 35 days, continuously and during a period of their own choosing.