Military status involves a set of duties, rights and freedoms guaranteed by the state and regulated by regulatory legal acts of the Russian Federation. Defenders of the Fatherland are entrusted with the preparation and implementation of the country's defense. The tasks set are often dangerous for the health and life of employees, therefore they are provided with special compensations and guarantees, including leave under the contract.
Legislation
In accordance with the Constitution of the Russian Federation, there is a federal law defining the rights and obligations of contract soldiers. Article 11 “Office hours and the right to rest” contains the necessary information related to leave for the military.
In addition, the defenders of the Motherland have their own regulations and separate laws related to the specifics of the activity. For example, the seventh chapter of the Regulation on Order military service » includes comprehensive information about the basic leave of a soldier under the contract, the principles of its calculation, types and other positions.
Vacation calculation
Depending on the service life, the number of laid vacation days is calculated. So, contract soldiers, whose military experience does not exceed ten years, can count on 30 days of annual leave. For each subsequent five years, 5 days are added. That is, those who serve from 10 to 15 years, laid already 35 days. Such growth ends when the vacation reaches 45 days.
Unused vacation of military personnel under the contract for the last year should be provided in the first four months of the next year. At the same time, the due rest for the current year also relies on the employee, but usually does not stack with the debt.
For contractors serving under special conditions, as well as war veterans additional days of rest are provided (up to fifteen days). Special conditions include:
- military operations;
- hazardous to life and health or difficult conditions;
- service in areas of the Far North or equivalent to it;
- places with adverse ecology.
The total vacation period should not exceed 60 days. In addition, the days spent on the road (no more than two weeks) are added by this time.
Types of Vacations
In accordance with vacation arrangements military, there are several types of them:
- The main leave of the military under the contract. It is provided every year to all defenders of the Fatherland.
- A vacation or study leave is due to contract soldiers who are educated in military schools.
- Additional includes vacation for personal and family reasons.
- For child care.
- Women are granted maternity leave.
Main
It is provided annually on the basis of an order from the commander of a military unit. The term of the main vacation depends on the length of service and ranges from 30 to 45 days. For contractors, whose service is carried out in special conditions, additional days are provided (up to fifteen days). In this case, the total duration of the vacation is not more than 60 days, excluding the time spent on the road to the place of rest (from 1 to 15 days in each direction).
If there are several reasons for extending the vacation period, they are added together. Also, additional days may not go on account of the main vacation, but as a weekend. At the request of the employee, the time for rest can be divided. Each part should be at least fifteen days. In this case, the days spent on the trip are provided once.
The main vacation can be taken at any time of the year in accordance with the plan, taking into account the alternations and depending on the security of the military unit.To obtain it, you must submit a report on the vacation of military personnel under the contract. According to his desire, people belonging to the following categories have the right to leave for rest:
- parents of children with disabilities under 16 years of age;
- military, raising a child up to 14 years old on their own;
- persons with three or more children under 16 years of age;
- contract workers whose wives are on maternity leave;
- veterans;
- Citizens awarded the “Honorary Donor of Russia” badge.
Sick
The conclusion of the military medical commission is the basis for obtaining sick leave. Its term is from 30 to 60 days. At the same time, it can be extended for thirty days. If necessary, the duration of the sick leave is increased further. However, continuous leave can be a maximum of four months, except in cases involving a longer sick leave in accordance with the legislation of the Russian Federation.
If absenteeism lasts longer, the question arises of the suitability of a soldier to perform duties. Moreover, he is subject to a special commission that determines suitability for military service. The sick leave is not included in the period of the main vacation, therefore, in case of illness or the need to be in the hospital, its duration increases.
Contractors forced to perform tasks adversely affecting emotional health are subject to medical and psychological rehabilitation. The term of the sick leave is determined by the results of the examination. Vacation is granted for the entire duration of treatment, but not more than thirty days.
Training
Contractual training leave for a soldier is granted in the case of full-time or part-time training without interruption of the main activity. It includes the period of preparation for entrance exams at admission, intermediate and final certification.
The duration of study leave provided for degree applicants is determined in accordance with the legal acts of the Russian Federation. The term increases by the time spent on the journey to the place of study.
In addition, students on contract are granted vacation leave that coincides with a period of interruption in the study period:
- summer vacation - thirty days;
- winter vacation - fifteen.
For personal reasons
The leave of servicemen under a contract for personal reasons is granted for no more than ten days. The time spent on the road is taken into account separately. Events that provoked such a need should have documented evidence. Good reasons for this vacation are the following situations:
- serious illness or death of a close relative (parents, children, spouse, siblings) or guardian;
- an emergency (natural disaster, fire) that befell close relatives or the family of a contractor.
Other exceptional cases where the presence of an employee in the family is necessary is decided at the discretion of the commander. For example, the leave of military personnel under a wedding contract is not provided for by law, so its duration and ability will depend only on the bosses.
For family reasons
These include maternity leave and childcare. To a greater extent, they are intended for military women. In accordance with the legislation of the Russian Federation, a decree is given to them before and after the baby is born. The release of military personnel under a contract at the birth of a child is reserved only for mothers, fathers receive a weekend only if the commander permits.
If desired, a woman can take parental leave for three years. At the same time, her position and place of service are retained. In case of adoption of a child, 70 additional days are required for vacation, and if guardianship is issued for several children - 110 days.
The release of military personnel under a contract for family reasons is possible if the wife of the defender of the Fatherland cannot take care of the child (death of the spouse, serious illness, deprivation of parental rights). Its duration can be up to three months.
Before dismissal
Before leaving, the contractor must take a laid off basic vacation. The period that was not used due to illness during vacation or other circumstances for the entire service is added to it. Thus, the entire period set for an employee to rest should be used in the year of leaving the service.
The duration of the vacation for the last year is calculated depending on the months served. If the data received contains incomplete months or days, then they are rounded in favor of the military man. A similar rule applies both in the case of dismissal upon expiration of the contract, and in the case of early departure.
The military, whose length of service is more than twenty years, is entitled to an additional vacation of up to 30 days. It can be used once per service, including upon dismissal.
Report
In order to go on vacation, civilians write a statement to the chief, and the military - a report to the commander. The document should contain comprehensive information set forth in a specific order.
- Request for an application for leave (before a higher command), period (from what date, for how long).
- Issue of a military ticket for an employee and his family members, indicating the type of transport and the exact direction.
- Application for cash payments for spa treatment and material assistance for the whole family.
- Family Composition: personal data (name, year of birth).
- The exact location address during the vacation period.
- Indication of information about the official to whom the duties of a military person serving a vacation will be temporarily transferred.
- Date of writing the report, position, military rank, surname, signature.
A sample report on the leave of military personnel under the contract is presented below.
Vacation allowances
A feature of the monetary allowance of contractors is its invariability, regardless of their actual presence in the service. That is, during the vacation (main or additional) the basic salary is paid. The same thing happens during a sick leave - the satisfaction of a sick employee does not decrease.
The legislation does not provide for “vacation pay,” or paid vacation for servicemen under a contract. Remuneration is made monthly on the day of salary, regardless of the length of the vacation period.
As a rule, before going on vacation, the contractor and his family members are provided with financial assistance in the amount of the monthly salary. However, such a payment can be made at any period of service during the year at the request of a soldier.
Thus, at present, you can be granted the main vacation for 2018 and for 2017 if you have not used them yet.
The right to use the main vacation for 2015 expired on December 31, 2016, and for 2016 - three months after the moment you were refused in December 2017, because the period for appealing against unlawful actions of officials in a judicial proceeding is 3 months.
And the contract ends on April 17, how much vacation days should give me. In the drill said 11 days.