Types and features of leave for persons undergoing military service.
According to the norms of legislation that regulate the procedure for serving in the military, the status of a military personnel, leave is a temporary release of a person from performing professional duties while maintaining allowance (salary).
Issues of granting leave to military personnel , withdrawal from it, duration, and other issues are regulated by a number of legal acts:
- Federal Law "On the status of military personnel"
- By decree or decrees of the President of the Russian Federation (for example, number 1237 dated September 16, 1999, which is still in force in the country with minor adjustments).
- Documents issued by federal authorities in the field of labor protection (in some part).
Let's figure out what types of military leave there are and how they differ.
Basic leave of a military man
This term implies a certain period of exemption from official duties for military contractors. Basic information about this type of leave is presented in paragraph 5 of Art. 11 of the Law on the Status of Military Personnel ( hereinafter, for brevity - FZ-76 ).
Contract employees who have served at least 6 months can apply for leave.
The length of leave depends on length of service, that is, the amount of time that a person devoted to serving in the military. The deadlines are defined in the legal act. But there are several points here.
Within the framework of the described legal norm, the legislator uses the term “preferential calculation of the duration of military service.” We are talking about contract soldiers who perform their duties in dangerous, difficult conditions. There is a separate Government Resolution No. 94, which describes the features of length of service for certain categories of employees. To put it in a nutshell:
- Paratroopers, scouts, warship employees and some others - 1 real month is counted as one and a half (1/1.5).
- Pilots, test pilots serving on submarines or in harsh regions with extreme climatic conditions - two months (1/2).
- Employees participating in military and counter-terrorism operations - three months (1/3).
For all other categories of military personnel, length of service is calculated in real terms, month to month.
Clause 5 of the Law describes the terms of vacations.
A service step of 5 years is used:
- up to 10 years,
- from 10 to 15,
- from 15 to 20.
The vacation period, as length of service increases, increases by 5 days for every 5 years of service (from 30 to 45 days, respectively) during the calendar year.
Fundamentals of legislation
The registration procedure and logic for assigning vacation time to soldiers are collected in one by-law.
It was approved by Decree of the President of the Russian Federation No. 1237 back in 1999. Title: “Regulations on the procedure for military service.” Section 7 is dedicated to vacations. When developing the Regulations, civil servants of the Ministry of Defense relied on the following laws:
- “On the status of military personnel”;
- Labor Code.
The provision of leave to military personnel under a contract is carried out within the framework of compliance with the norms prescribed in two documents:
- in Law No. 76-FZ of May 27, 1998;
- in Decree of the President of the Russian Federation No. 1237 of September 16, 1999.
The regulation of periods of service and rest is justified by the general requirements of the legislation of the Russian Federation. And certain paragraphs of the Regulations are directly based on articles of the Labor Code of the Russian Federation. In particular, female military personnel are entitled to all the preferences laid down in labor legislation for civilian women.
For information: women holding officer and soldier positions receive in general order:
- prenatal and postnatal leave (based on a certificate of incapacity for work);
- for caring for a child up to one and a half (three) years old.
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.
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.
Contract service after military service
It just seems that some three years of life from 19 to 22 cannot affect anything, on the other hand, the salary of a contract soldier is about 30 thousand rubles per month and for a young man without a higher education it seems like a fortune. My attitude in this regard is very categorical: you should only stay in the army if you are going to build a military career.
If we talk about the reasons for the growing interest in contract service, then this is exactly the case when “there would be no luck, but misfortune would help.” According to Rostrud data from ligazakon.ru last year, a third of the unemployed in the country (30.5%) are young people aged 14 to 29 years. Rosstat information is more detailed: in 2015, the unemployment rate among city dwellers aged 15–19 was 31.6%, and among the rural population - 28.5% (of the total economically active population). In the 20–24 age group these figures are 13.5% and 16.4% respectively.
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).
Payments to military personnel upon dismissal at the end of the contract
- if the duration of service is less than twenty years (in calendar terms), then the serviceman must be paid two salaries of his monthly allowance;
- if the duration of service is more than twenty years (in calendar terms), then the serviceman must be paid seven salaries of his monthly allowance.
For military personnel dismissed from military service directly from a military position, during the performance of which the salary retained in the manner prescribed by paragraph 19 of Order of the Ministry of Defense of the Russian Federation No. 2700 of December 30, 2011 was paid for a previously held military position, payment of benefits upon dismissal from military service is made from this salary.
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.
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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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
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.
Contract service without fixed-term service
• The presence of government life and health insurance programs for contract workers, which provide substantial benefits if a contract worker becomes unfit for work due to an injury sustained while on duty. In case of fatal accidents, there is payment of insurance to families.
With this option, it can be called a job that provides a stable monetary remuneration, with a full social benefits package and other monetary incentives. When applying for such a job, a special agreement (contract) is concluded for the entire stipulated period of service.
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.
Reasons for vacation recall
The law allows for the possibility of recalling a serviceman from leave. According to Article 33 of UP 1237, there is only one wording on the basis of which a serviceman can be recalled from leave “extreme necessity”.
This formulation rather vaguely reflects the state of affairs, which is why very often situations arise when military personnel express their doubts about the orders given by the commander, due to which they have to interrupt their assigned leave. A serviceman is obliged to arrive at the unit’s location in the following cases:
- If an order has been issued to revoke it.
- The recall document contains information that the reason is extreme necessity.
- The decision to recall from leave was made by the commander or higher authorities.
- The revocation order was communicated to the addressee through official channels (for example, by telegram).
- If all the above reasons are met, the military man has no right to ignore the order.
The reasons for such a decision by the military command may be:
- The need for military personnel to perform military tasks.
- Activities related to preparation for combat operations, etc.
- Preparing and checking the working condition of special equipment and other reasons.
ATTENTION: In case of disagreement with the order, the serviceman has the right to refuse to carry out the order.
The procedure for action in case of disagreement with the order is determined by the charter of the internal service of the Armed Forces, clause 43. The decision made by the commander is challenged before higher management, the court or the military prosecutor's office.
However, it should be taken into account that a well-executed order will be quite difficult to challenge. You should pay attention to the recall procedure, because if the demands were made verbally, and the military man, in turn, returned to the unit, then he simply may lose the remaining days of vacation.
Indeed, in this case, it turns out that the soldier who arrived at the unit is actually on leave according to documents. A vacation recall must be properly completed ; only in this case does the law allow the unused period to be added to the vacation days of the next vacation.
