Writing a leave report for a combat veteran: detailed instructions and sample

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• according to Article 115 of the Labor Code of the Russian Federation, the duration of paid leave provided annually is 28 days;
• in clause 11 of Article 16 of the Federal Law No. 5 of 01/12/95. it is said that combat veterans have every right to demand rest at a time convenient for themselves;
• categories of veterans specified in the Federal Law “On Veterans” (as amended by Federal Law No. 40 dated January 2, 2000) have the opportunity to receive additional leave of up to 15 days;
• on the basis of Article 16 of Federal Law No. 5, a veteran can go on unpaid leave once in the current calendar year for 35 days, at any time, at his own discretion.

Veteran's ID

You must submit a written application to management. This can be done at any time, even bypassing the existing schedule at the enterprise. Let's look at the list of all the necessary documents that are required to provide leave to combat veterans.

We make a calculation

1. Tax deduction in the amount of 500 rubles. for each month of the tax period (clause 2, part 1, article 218 of the Tax Code of the Russian Federation). This means that from the personal income tax paid by a citizen in the amount of 500 rubles. he will receive 13% back monthly!, that is, 65 rubles. If a veteran has a disability, then the tax deduction will already be 3,000 monthly, and this is already a refund of 390 rubles. every month.
2. Exemption from payment of land tax on 6 acres of land owned (clause 4, part 5, article 391 of the Tax Code of the Russian Federation). If a citizen owns a plot of larger area, then the area reduced by 600 sq.m. will be taxed. This benefit is provided for only one plot of land at the citizen’s choice.
3. Exemption from payment of property tax for one object from each group - apartment, residential building, garage or parking space, utility structure or structure (Clause 4, Part 1, Article 407 of the Tax Code of the Russian Federation).

However, it is of a notification nature only; there is no need to obtain permission from the administration. An employee with the status of a labor veteran can take this period either completely or break it into parts.

How is leave granted?

At its core, the employee only informs the company administration that he is going on vacation without pay based on preferential status. He may not justify the reason for such a decision, and the administration does not have the right to request it.

Nuances of calculating vacation pay

The enterprise draws up a vacation schedule for the year, according to which vacation periods are provided to employees. However, a veteran has the right to request a leave of absence at any time. Including at other times than indicated in the schedule.

The right to additional paid leave for combat veterans is enshrined in Law No. 76-FZ when they are in the military and is lost upon transfer to the reserve, retirement or civilian service. While in the ranks of military personnel, a veteran has the right to an additional paid rest period of 15 calendar days, a type of which is considered Chechen leave. Article 20 prohibits the combination of several types of recreation. A report on veteran's leave is drawn up for a specific type and duration.

Registration procedure

To properly arrange your vacation, it is important to follow the procedure laid down by law. First of all, you need to make an application. It must contain the following series of information: personal data and position of the manager, personal data of the veteran himself, duration of rest, the basis on which additional leave is granted, the date of drawing up the document. You must sign it and decipher the signature.

A copy of the veteran’s identification card is always attached to the application drawn up in accordance with all requirements.

The procedure looks somewhat different if we are talking about a veteran who is currently serving in the Russian Army. In this case, you need to carefully copy the sample report for the leave of a combat veteran. It must contain a number of data: personal data of the commander, personal data of the applicant, duration of rest, the basis for its provision, replacement in service during the rest period of the combatant, the final destination of the road, a request for financial support for family travel. In cases where the trip is to the sea or a resort, you need to indicate the cost of the trip. The form is strictly regulated, so it is important to familiarize yourself with the sample report for leave of a combat veteran in advance. The slightest violation of the registration procedure will lead to the invalidity of the document. A sample report for leave of absence for a combat veteran is presented below.

It is imperative to review the organization’s vacation schedule; legal additional vacation must be noted in it. It is important to find out information about the order issued by the manager. Be sure to check the vacation records entered into personal registration cards in cases where the organization has them.

Annual paid vacation

1. When working for more than a calendar year, the calculation includes the total income for the 12 months preceding the month in which the vacation actually begins.
2. When working for less than a year, the calculation includes payments from the moment of enrollment to the last day of the fully worked month. For example, a veteran wrote an application for paid leave from December 15, 2018 when hired on April 20, 2018. Salary from 04/20/2018 to 11/30/2018 is taken into account as income for calculating vacation pay.
3. If, when submitting an application, the employee has not worked for a month, then payments for the time worked are taken into account.

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Realization of the right to rest

Paid leave for combat veterans of full duration is provided regardless of the time interval of work at the enterprise; the rule of six and eleven months worked does not apply.

A military man works for the good of his fatherland. Therefore, it is not surprising that the state provides special privileges for such citizens. Moreover, if a person participated in hostilities, then the attitude towards him is even more respectful. Such citizens are provided with a whole range of benefits. One of the important aspects is proper rest. Therefore, leave for combat veterans is provided under special conditions, and we’ll talk about them today.

Status

Legislation determines the status of veterans, establishing conditions for their recognition as such. It also provides a number of benefits for them. It contains a list of armed clashes in which Russia participated. For example, everyone who has been on business in the Syrian Arab Republic since 2015 is recognized as a veteran.

Starting in 2021, they are also considered service personnel who worked in units in Syria during the same period. There are three sections in total into which all military conflicts involving Russians are divided. Benefits and the right to leave for combat veterans are provided taking into account the section of the combat operations in which they happened to participate.

So, the third section, which includes the fighting of the 1960s. on the territory of Asian and African countries, are noted in Articles 3 - 4 of Federal Law No. 5. Section two includes the Great Patriotic War, to which Articles 2 and 4 of Federal Law No. 5 correspond.

A special certificate, which is issued to each combat participant, confirms the status of a veteran. It always contains the number of the law that determines the benefits. Each ID contains a photo of the participant. It is issued after the person personally writes an application to the authority that sent him on a business trip. It is imperative to have a documentary basis that will confirm that he has fulfilled his official duties.

Normative base

If a DB veteran wants to take regular leave, then he just needs to contact his employer with a corresponding application. He has the right to choose convenient dates for vacation without agreement. After submitting the application, changes are made to the vacation schedule. Just before your vacation, a corresponding order is issued and the required amount is paid.

Types of vacations

In recent years, Russian authorities have been trying to improve the situation of certain categories of citizens, including combat veterans. However, there have been no changes to employment benefits in 2021 – 2021. There are no such issues under consideration.

A break from work without pay or unpaid leave can be issued if there is a good reason. In general, in accordance with Article 128 of the Labor Code, in order to obtain the right to use such rest, it is necessary that the employer gives his consent to this.

How to write a report

A copy of the combat participant's ID must be attached to the document. Based on the application or report, an order is issued and vacation pay is paid (except for the case of a break without saving earnings).

Additional leave of 15 days for combat veterans

The form of the forms is not established by regulatory documents, therefore it is necessary to adhere to the general procedure for preparing documentation, indicating the required information. The text of the application must contain the following information:

• 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.

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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.

Responsibility of the employer for refusal to provide additional leave to a combat veteran

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.

Regardless of the place of work, a veteran has the right to take additional leave. It is also provided to military personnel who have retired or been transferred to the reserve, provided that they work in privately owned organizations.

The benefit does not apply to those workers whose work is carried out in the Far North. By law, they are given the opportunity to receive additional vacations equal to 28 days annually.

Legislative changes planned for 2021

• unpaid leave, the maximum period of which is 35 days;
• paid leave, the total period of which is 28 days;
• paid leave may have a longer duration, if there is a direct indication of this in the law, which must be justified by the characteristics of the work performed;
• vacation, the duration of which is 15 days, subject to compensation by the employer.

At the same time, the company will pay only for the first 15 days of the veteran’s additional leave. The citizen can take the remaining 20 days off at his own expense if he so desires. After all, the Federal Law of the Russian Federation (namely, Article 11 Part 5) allows him to take rest at any convenient time. Management will only have to draw up a dismissal schedule in such a way as to take into account his wishes.

Invalids of war

An additional category, which has a number of privileges, including those related to leave, are persons who have become disabled as a result of participation in hostilities. This includes participants in the Second World War and other armed conflicts of the USSR and the Russian Federation who became disabled due to a disease contracted during military service.

This also includes those who, under the age of 18, managed to become a prisoner of a ghetto or concentration camp, who received a work injury or illness. In order for all these categories of persons to be able to take advantage of the benefits provided to them, they must reside on the territory of Russia.

Legal basis

• Basic – provided for a period of 28 days in accordance with Art. 115 Labor Code of the Russian Federation. At the request of the employee, it can be distributed into several parts throughout the year, provided that the first rest period will be up to two weeks. In case of this type of dismissal, the employee’s salary is accrued in the standard manner;
• Additional paid leave is due to all combat veterans, in accordance with Article 11 Part 6 of the Federal Law of the Russian Federation. Moreover, this applies not only to persons who are in the main part of the enterprise, but also to part-time workers. The maximum duration of such time off is 15 calendar days, which are also reimbursed by management on a preferential basis;
• Additional unpaid is another type of rest provided for military personnel by the Federal Law of the Russian Federation. It can be attached to the main leave or used throughout the year as a separate type of leave, the period of which ranges from 20 to 35 days. At the same time, the veteran will not be paid a salary for this time period, which is mentioned in the Federal Law of the Russian Federation.

Terms of service

Veterans, according to the legislation of the Russian Federation, are those citizens who spent a long time in battles on the territory of Russia or abroad. This includes employees of the Federal Penitentiary Service, the Ministry of Defense and the Ministry of Internal Affairs. For the listed persons, the state provides a number of benefits, including those provided by the Labor Code. We will find out what kind of leave combat veterans are entitled to and what compensation payments they can expect in the article below.

According to the law, it is unacceptable to add additional days to the main legal period. That is, on the one hand, a person has the right to request days at a convenient time, but does not have the opportunity to add them to the next vacation. Providing leave to combat veterans follows a standard procedure based on filing an application, issuing an order and entering information into the company’s employee card.

In some cases, the status of combat veteran is assigned to people who were engaged in normal work activities in territories where martial law was established. For example, doctors, nurses, signalmen, and so on.

Concepts

In accordance with the above laws, as well as the one hundred and fifteenth article of the Labor Code, a person with veteran status has the right to count not only on standard rest of twenty-eight days, but also additional unpaid leave of 35 days.

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Issuance of a duplicate certificate. If the certificate is lost or torn, upon application of the veteran and on the basis of relevant supporting documents, he will be issued a duplicate. The damaged ID is thrown away and a report about it is drawn up.

How are veterans' rights regulated?

In St. Petersburg, military veterans are entitled to a monthly payment of 707 rubles, compensation of 50% for housing and utilities, a discounted travel pass and a 10% discount on train and bus tickets for suburban services from April 27 to October 31.

Benefits for combat veterans

They can receive prosthetics and prosthetic and orthopedic products free of charge: crutches, canes, special shoes, insoles and the like, except dentures. Veterans also have the right to undergo training at the expense of the employer and be served at the post office and at various cash desks without a queue.

It can be seen that the total cost of receiving social services exceeds a thousand rubles. The above amount of EDV is reflected taking into account the waiver of all types of non-taxable income. If the veteran plans to use all components of social services, then the amount of his monthly payment will be less by the cost of the social security service. The total amount in this case will be only 1851.40 rubles.

The law on combat veterans, as amended, provides a complete list of countries in which hostilities took place at different times, and in which the USSR or Russia took part in various periods of history. This is not only Afghanistan and Chechnya. The list of countries also includes:

Additional leave for combat veterans

1. provision of housing if warranted;
2. compensation for housing and communal services;
3. funeral services;
4. preferential prosthetics of any kind;
5. annual paid leave at a convenient time of year;
6. pension provision;
7. provision of medical care;
8. obtaining education or additional education at the expense of the employer;
9. additional leave of 35 days without pay by the employer;
10. preferential position when joining non-profit associations of citizens;
11. advantages when purchasing tickets for all types of transport.
12. preferential payment for renting premises;
13. benefits;
14. monthly cash payment;
15. installation of a home telephone out of turn;

• Federal Law of January 12, 1995 No. 5-FZ “On Veterans”, hereinafter referred to as Law No. 5, refers to the main regulatory legal act on the basis of which appropriate types of benefits are provided to combat veterans.
• Table. To whom and for how long should annual additional paid leave be granted?
• View the table in full

What it is?

Among those who retired there are honored combat veterans. These are those who participated in most military conflicts and operations. They are entitled to a number of benefits and compensations, which are regulated by Federal Law dated January 12, 1995 N 5-FZ and Federal Law dated May 27, 1998 N 76-FZ.

Among the compensation that military personnel have the right to count on is vacation. Annual and additional leave, as well as rest at your own expense at a convenient time, are regulated by the laws “On Veterans”, Article 16 and “On the Status of Military Personnel”.

Providing leave to combat veterans

Like all other categories of workers, when making appropriate calculations of the length of leave for combat veterans, non-working holidays that fall directly during the period of their rest are not taken into account.

Additional leave for Afghans

At the same time, the most significant of them (additional leave paid by the employer) is not provided for by the Labor Code of the Russian Federation; the possibility of its provision is indicated only by clause 5.1 of Art. 11 of the Law “On the Status of Military Personnel” dated July 25, 1998 No. 76-FZ.

The law provides for the possibility of obtaining additional days off for military personnel who continue to work in law enforcement agencies. Citizens employed in other jobs have the right to expect to receive this kind of privileges only if there is a clause in the agreement drawn up during employment.

How to make the calculation?

Calculating the number of days of additional leave for veterans has one important nuance. It lies in the fact that the number of days provided in the current calendar year directly depends on the number of months worked in full .

If a veteran employee worked only 9 months, then the calculation will look like this:

KDO = Max pdo / 12 months. x 9 months = 15 / 12 x 9 = 11.25 ≈ 11 days , where

• KDO – number of days of additional leave;
• Max pdo – the maximum duration of additional leave.

The whole number of rest days is determined by mathematical rounding.

Features of providing leave

• applications for additional unpaid leave for combat veterans
• applications for additional unpaid leave for combat veterans

• After considering the application, management issues an order. It has the established form T-6 and contains the following data:
• serial number and date of compilation;

in the middle you need to write “Order”;

• under the word “Order” it is written: “Give additional leave to Ivan Stepanovich Petrov, holding the position of driver, for the period of employment from November 1, 2016. until November 31, 2017";
• Further, the type of leave and period are indicated: “Leave to combat veterans for 35 calendar days from December 1, 2017. until 01/04/2018";
• the order is certified by the signature of the manager and the employee familiar with this paper, and the date is affixed.

Annual paid vacation

Guided by Art. 123 of the Labor Code of the Russian Federation, an employee may demand leave outside the schedule . This right is granted to veterans by Law 5-FZ, and it is also specified in the “Regulations on the procedure for military service.”

30 Jan 2021 jurist7sib 165

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Sample report on military leave for 2021-2021

Personal circumstances include: serious illness or death of a close relative of the employee (spouse, father, mother, father (mother) of the spouse (wife), son (daughter), sibling); fire extinguishing or other natural disaster that befell the employee either - or his close relative, the inevitability of psychological rehabilitation of the employee is part of exceptional cases. It is worth mentioning that the duration of such vacations does not include the time of travel to the vacation destination and back. Other plans for future vacations. In addition to the more holidays listed, conciliatory art. Federal Law. Such leave is granted to an employee based on length of service in the internal affairs department in calendar terms of 7.

Vacation of a police officer (MVD) - planning based on length of service, sample 7. Employees of law enforcement agencies, as well as the remaining ordinary citizens employed according to the established form, have a monopoly on vacations of various types.

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