Leave for the wife of a serviceman under the Labor Code of the Russian Federation

09.07.2019

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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.

Leave for the spouse of a military personnel: features of obtaining

The grounds for providing leave benefits for wives of military personnel are:

1. It is impossible to find out in advance the leave of my husband, who is a military serviceman , due to the confidentiality of the information.
2. Postponement of leave of a military spouse due to official necessity.

It is for these reasons, according to the information specified in Article 11 of Federal Law No. 76, that the wife of a military man has the right to receive an annual vacation period at any time at her request during the vacation period of her spouse.

Procedure for applying for vacation benefits

If a situation arises where the annual vacation days of the wife and her husband do not coincide, the woman may need to postpone her vacation days.

It is worth noting that this transfer is the employee’s right , but not her responsibility. That is, if a woman considers it necessary not to transfer her paid days off during her husband’s vacation period, she can go out during the annual paid period according to the schedule established by the enterprise.

The transfer of vacation days to another period is regulated by Article 124 of the Labor Code of the Russian Federation. To carry out this procedure, an employee of the enterprise needs to draw up an appropriate application, as well as attach to it a certain package of documents confirming the right to use this benefit.

It is worth considering the deadline for submitting the documents necessary for the procedure. At the legislative level, there is no period established for filing an application to transfer vacation days. However, you should take care of this in advance due to the fact that the official transfer of annual leave requires the issuance of an appropriate order, the execution of a settlement note and the timely payment of funds, which, accordingly, requires a certain amount of time.

Based on the information about notifying an employee of an upcoming vacation no less than 2 weeks before its start (Article 123 of the Labor Code), it can be assumed that a package of documents on the transfer of paid days off must also be submitted no less than 2 weeks before the new expected one. dates.

Who is entitled to sanatorium-resort treatment for military pensioners?

Question No. 2: Can a relative of a military pensioner, who is not his dependent, claim 50% payment for a trip to a sanatorium? Answer: No. Recipients of the benefit can only be dependents living with a military pensioner.

In the case of a serviceman being treated for a disease or the consequences of spinal cord injuries, the period of such sanatorium-resort treatment on a voucher may be increased to days, in accordance with the conclusion of the military medical commission. Benefits for a military sanatorium for civilian personnel Persons who are civilian personnel of the Armed Forces of the Russian Federation have the right to receive vouchers to military sanatoriums on the terms that are determined by agreements between the Federation of Trade Unions of Workers and Employees of the Armed Forces of the Russian Federation and the Ministry of Defense of the Russian Federation, concluded in the prescribed manner for each specific case. Depending on the terms of these agreements, benefits for a military sanatorium for such persons and the conditions for paying for vouchers are determined. At the same time, special o.s. are placed on the vouchers.

27 Jul 2021 jurist7sib 68

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Required documents

To register the transfer of vacation days, an employee of an enterprise needs to prepare the following documents:

1. Application for transfer of annual paid leave to another period . It can be compiled either by hand in writing or electronically by printing it on paper. If a template for this application is available at the enterprise, you are allowed to fill it out. It must indicate the details of the spouse, the time of his vacation period, the date of transfer of the employee’s vacation, as well as a link to Federal Law No. 76 on the possibility of receiving this benefit.
2. Marriage certificate of an employee and a military man.
3. Certificate from the spouse's military unit . It must reflect the personal data of the employee’s husband, the period of paid days off, as well as a link to Federal Law No. 76. The document must be signed by the unit commander.
4. Order (copy) on granting paid vacation days to a military personnel.

After drawing up and collecting all the necessary documents, they must be handed over to the manager for review and signing.

If the specified information is correct and does not contain errors, the manager signs the submitted application, after which he transfers it to the personnel department to issue the appropriate order.

After the order is issued, on its basis a note-calculation on the accrual of vacation funds is drawn up and filled out.

Duration of vacation

The duration of leave for military personnel is regulated by paragraph 5 of Article 11 of Federal Law of Russia No. 76.

The minimum duration of the vacation period for a man liable for military service is 30 days. At the same time, civil annual paid leave, according to Article 115 of the Labor Code of Russia, is 28 calendar days.

Thus, the duration of vacation days for the wife of a serviceman can be equal to the entire vacation period of the spouse.

However, you should know certain nuances of paying for a woman’s annual vacation period.

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.

Payment of vacation days: features of calculation

The paid portion of a military spouse's leave is only the duration of the employee's annual civilian leave period.

If a woman decides to extend her vacation until the end of her husband’s vacation, the remaining vacation days will not be paid. This right is regulated by Article 128 of the Labor Code of the Russian Federation. Also, to extend the vacation at her own expense, the employee will need to write a corresponding additional application.

Calculation of paid vacation days is made on the basis of a calculation note in the T-60 form.

To calculate vacation pay, salary data for the employee’s last year of work or for the actual number of months worked is used if the woman has been working at the company for less than a year.

Based on the available data, the average daily earnings are calculated by dividing the summed wages for the months worked by the number of these months and by the average number of days in 1 month (29.3).

The resulting number is multiplied by the number of paid vacation days of the employee, after which the amount of income tax is subtracted from the resulting amount. The final number is the sum of vacation payments.

Based on paragraph 2 of the Russian Government Decree No. 922 dated December 24, 2007 (as amended on December 10, 2016) “On the specifics of the procedure for calculating the average salary,” when calculating the average salary of an employee, all types of payments provided for by the remuneration system are applied: wages, benefits , allowances, additional payments, bonuses and other payments established by this employer.

Three days before the start date of vacation days, according to Article 136 of the Labor Code of the Russian Federation, the employee will be paid vacation money, after which the employee has the legal right to go on an annual vacation period. Delay in payment of vacation money is a gross violation of the rights of working citizens and entails the application of penalties in relation to the citizen’s employer.

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Labor leave depends on the working year for which it is granted, and not on when it was granted in the previous calendar year. Labor leave is granted for a working year, which is calculated for each employee from the moment of hiring and is equal to 12 calendar months (Article 163 of the Labor Code). The employer is obliged to provide vacation during the summer to certain categories of employees listed in Part 4 of Article 168 of the Labor Code:

1) persons under eighteen years of age; 2) veterans of the Great Patriotic War and veterans of military operations on the territory of other states; 3) women who have two or more children under the age of fourteen or a disabled child under the age of eighteen; 4) workers who became ill and suffered radiation sickness caused by the consequences of the disaster at the Chernobyl nuclear power plant and other radiation accidents; 5) employees who are disabled, for whom a causal connection has been established between injury or disease leading to disability and the disaster at the Chernobyl nuclear power plant; 6) participants in the liquidation of the consequences of the disaster at the Chernobyl nuclear power plant; 7) workers evacuated, resettled, who independently left the territory of radioactive contamination from the evacuation (exclusion) zone, the priority resettlement zone and the subsequent resettlement zone, with the exception of those who arrived in these zones after January 1, 1990; donors who have been issued the signs “Honorary Donor of the Republic of Belarus”, “Honorary Donor of the USSR”, “Honorary Donor of the Red Cross Society of the BSSR”; 9) in other cases provided for by a collective or labor agreement. Also, in accordance with the said article (part 4, clause 6), during a certain period, the employer is obliged to provide labor leave to working wives (husbands) of military personnel - simultaneously with the leave of their husbands (wives).

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