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According to Art.

114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.

According to paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 No. 76-ФЗ “On the Status of Military Personnel”, spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel.

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Sample letter of request for leave to wife of a soldier

The specialists of this site have tried to find useful examples to save time for finishing statements. Responsible samples carry important areas for information. In order to bring them in accordance with the norms, it is necessary to comprehend the principle. The fastest way to do this is by examining the sample printed at the end.

Maybe you stumbled upon an inaccuracy or an error, please remind us of the errors in the form below the template. It must be remembered that legal science is not treading water and many statements are beginning to quickly become outdated. Be sure to check the relevance of the provisions of the legislation given in them.

It may be that the rules have already lost force.

By law, this period of rest is annual and each organization is obliged to provide it to its employees. This vacation is based on article 122 of the Labor Code. At the same time, it is calculated from the beginning of the actual employment of a person for work.

As already mentioned, the application form is free, that is, the employee writes it by hand or uses a specific form that is in force in the organization.

In its structure, a vacation application is similar to a personnel application. It contains the following items:

Document's name.
Date of application.

To whom is the application addressed?

On whose behalf it is served.

The content in which the vacation period is determined, as well as the reasons.

It is certified by the signature of the submitting person.

Various visas, if any, in the organization.

It is not necessary to indicate the reasons for the leave, since it is enough to simply describe the period. Next comes the approval from the authorities. If approval is received, then all legal norms are met and the application falls into the vacation schedule.

There are reasons when an employee is required at a certain time at his workplace, but usually a certain vacation schedule is used, according to which this process is carried out. If the application involves an exit from this schedule, then it is written in a special form adopted by the organization.

The application must be endorsed by the head. It is possible, and the head has the right to do so, that the leave will be denied for certain reasons. Or the reasons stated in the application itself will not be accepted as important.

In some cases, this happens due to vacation splitting. When an employee wants to use part of the vacation time now and the rest later. In some cases, this may not be acceptable to the organization.

If the employee works part-time.

If the employee has a pregnant wife.

If an employee works and studies at the same time.

If the employee is the wife of a serviceman.

Other categories of citizens.

So, the application is being made. Further along the way, a special order is drawn up, on the basis of which the employee is granted leave at one time or another of a certain duration. At the same time, situations sometimes arise when, after submitting an application, an employee decides to postpone the date of rest.

This can lead to unwanted shifts in the organization's work schedule, as well as difficulties with accounting. Therefore, it is extremely important that employees warn the appropriate authorities in advance of possible changes in plans.

Vacation is a great time when you can relieve the stress of the work process and completely immerse yourself in other household, personal or just have a good time, improve your health, make a long-planned trip, and so on.

Since the vacation is usually carried out once a year, you need to approach it with all responsibility, so as not to regret the wasted time later. Vacation is a very important time when you can do the implementation of long-planned affairs.

Granting leave to the wife at the same time as the husband

Question: The worker is the wife of a serviceman.

Topic: Granting leave to the wife of a soldier

What documents should a woman submit to an employer in order to take another paid vacation during her husband's vacation?

Answer: By virtue of Art. 123 of the Labor Code of the Russian Federation, the order in which paid holidays are granted is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations.
Certain categories of employees in the cases provided for by the Labor Code of the Russian Federation and other federal laws are granted annual paid leave at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.
Paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 N 76-FZ "On the Status of Military Personnel" establishes that spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel.

At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel.
The list of documents that must be submitted to the employer in order to receive this leave, as well as the procedure and time for their submission, are not defined by law. At the same time, based on the meaning of this norm, the basis for granting such leave will be a written application addressed to the employer for the grant of leave simultaneously with the leave of the husband with the application of the relevant documents: a marriage certificate, documents confirming the status of the husband as a military man, as well as the time of granting him vacation (vacation schedule, vacation order, etc.).
If a written application for leave is submitted simultaneously with the leave of the husband and other necessary documents, the employer does not have the right to refuse to receive it within the specified period.
Thus, the list of such documents is not established by law. It seems that a woman should submit to the employer a written application for the grant of leave at the same time as her husband's leave, attaching a marriage certificate, documents confirming her husband's status as a military man, as well as the time of granting him leave (vacation schedule, order to grant leave, etc. ).

D.V.Komarov
Office of the Committee
Federation Council on the budget
25.10.2010

kadrovik-info.ru

Other statements:

On the merits of the question, we report the following.

In accordance with Art. 115 of the Labor Code of the Russian Federation, the annual main paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

By virtue of Art. 123 of the Labor Code of the Russian Federation, the order of granting paid holidays is determined annually in accordance with the vacation schedule approved by the employer, taking into account the opinion of the elected body of the primary trade union organization no later than two weeks before the start of the calendar year in the manner established by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

Certain categories of employees in the cases provided for by the Labor Code of the Russian Federation and other federal laws are granted annual paid leave at their request at a time convenient for them. At the request of the husband, annual leave is granted to him during the period when his wife is on maternity leave, regardless of the time of his continuous work with this employer.

Vacation for the wife of a serviceman together with her husband

At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel. Part of the leave of the spouses of military personnel, exceeding the duration of the annual leave at their main place of work, is granted without pay.

Thus, you are entitled to receive vacation together with your spouse's vacation.

To do this, you need to write an application addressed to your employer, indicating the period of vacation. This application must be accompanied by a certificate of marriage, a document confirming the status as a military man, an order to grant leave to the spouse.

For a more detailed answer to your question, we recommend that you contact the reception of the lawyer Sergey Sergeevich Ivlev at the address: Orenburg, st. Shevchenko 20B, office 414, tel.: 8-912-343-72-22.

On the merits of the question, we report the following.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.

In accordance with Art. 115 of the Labor Code of the Russian Federation, the annual main paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

Rules for granting holidays to the wives of military personnel

Part of the leave of the spouses of military personnel, exceeding the duration of the annual leave at their main place of work, is granted without pay.

Thus, you are entitled to receive vacation together with your spouse's vacation.

On the merits of the question, we report the following.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.

In accordance with Art. 115 of the Labor Code of the Russian Federation, the annual main paid leave is granted to employees for a duration of 28 calendar days.

Annual basic paid leave lasting more than 28 calendar days (extended main leave) is provided to employees in accordance with the Labor Code of the Russian Federation and other federal laws.

The vacation schedule is mandatory for both the employer and the employee.

The employee must be notified against signature of the start time of the vacation no later than two weeks before the start of the vacation.

According to paragraph 11 of Art. 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, spouses of military personnel are granted leave at their request simultaneously with the leave of military personnel. At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel.

Granting leave to the wife of a soldier

Part of the leave of the spouses of military personnel, exceeding the duration of the annual leave at their main place of work, is granted without pay.

Thus, you are entitled to receive vacation together with your spouse's vacation.

Federal Law No. 76-FZ of May 27, 1998
(as amended on 07/01/2019)
"On the status of military personnel" 11.

Spouses, at their request, are granted leave simultaneously with the leave of military personnel. In this case, the duration of the spouses may be, at their request, of equal duration. Part of the leave of the spouses of military personnel, exceeding the duration of the annual leave at their main place of work, is granted without pay.

"Vacations"
(4th edition, revised and enlarged)
(Kolbasov V.V.)
(GrossMedia, ROSBUKH, 2019) - to parents and wives (husbands) of military personnel, employees of internal affairs bodies, the federal fire service, customs authorities, employees of institutions and bodies of the penitentiary system who died or died as a result of injury, concussion or injury received in the performance of duties of military service (service), or as a result of an illness associated with military service (service), - up to 14 calendar days a year;

Benefits for spouses of military personnel and female military personnel

Benefit - a pre-emptive right, relief provided to someone as an exception to the general rules 1.

In accordance with paragraph 9 of Art. 2 of the Federal Law “On the Status of Military Personnel” dated May 27, 1998 No. 76-FZ, benefits, guarantees and compensations for military personnel and members of their families are established by federal constitutional laws, federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the subjects Russian Federation, as well as regulatory legal acts of local governments.

Rules for granting holidays to the wives of military personnel

As a rule, most of the garrisons are located in remote areas, which makes it difficult for a woman to find work, given that there are quite few civilian positions in the military.

That is why getting a job, and even according to your own qualifications, can be called a great success. After all, the wife also needs to do something, build a career, communicate with people and, in the end, earn experience.

Captain Petrov is entitled to 30 days of basic annual leave, 15 days for long service, 15 days for service in the Far North. There are no additional factors regarding the increase or decrease in vacation time. This operation can be carried out only by order of the commander of the formation, or higher standing authorities.

At the same time, the recall order itself must be issued for the military unit to which the serviceman is assigned.

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Additional days of rest, compensating military personnel for participation in these events, are not counted towards the main and additional holidays and are provided in the manner and on the conditions determined by the Regulations on the procedure for military service. Contracted military personnel participating in events that are held, if necessary, without limiting the total duration of weekly service time, at their request, instead of providing additional days of rest, monetary compensation in the amount of a monetary allowance for each additional day of rest may be paid.

Legal Advice: Granting Leave to the Spouse of a Serviceman

Hello. I have such a situation: my husband is a military man.

The last time we visited was in the spring of 2011.

This year it was planned in the autumn, but he is sent on a business trip for 5 months (from October 2012 to February 2013). In this regard, I wanted to postpone my vacation to 2013. I was refused, justifying this by the fact that my husband's business trip is not a reason.

I work for EHP. I wanted to know if I have the right to postpone the vacation?

Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer.

According to paragraph 11 of Article 11 of the Federal Law of May 27, 1998 No. 76-FZ “On the Status of Military Personnel”, spouses of military personnel are granted leave at their request simultaneously with military personnel. At the same time, the duration of the vacation of the spouses of military personnel may, at their request, be equal to the duration of the vacation of military personnel.

The wives of military personnel, despite the fact that their husbands are serving, can also be equated to this category. Since they constantly follow their spouse, no matter where they send him, be it the farthest garrison. At the same time, the responsibility lies on the wives to ensure comfort and life, in almost any conditions. They also raise children.

Based on these concepts, the legislation provides for a kind of compensation for damage for 20 years of service and the inconvenience associated with it. Military wives are provided.

Regulatory regulation

In general, many duty stations are located in remote regions, where it is quite difficult for a woman to find a job. At the same time, as a rule, there are very few positions in the military that can be occupied by civilians. Because of this, employment, and even in the specialty received, is pure luck. So after all, the wife also needs to have her own employment - to communicate with other people and receive experience that will provide pension payments in old age.

At the same time, constantly working and arranging the home, a woman, as a rule, has practically no time to communicate with her husband. After all, the latter, due to the specifics of his work, can be constantly on business trips and at exercises. In addition, children are also deprived of the attention of their parents, as they are constantly working, trying to provide them with financial stability.

Based on the foregoing, due to the fact that the family of a full-fledged soldier does not see each other quite often, they are given the opportunity at the legislative level to take annual paid leave at the same time. This issue is regulated by Article 11 of Federal Law No. 76. In addition, this normative act lists an additional number of benefits and preferences provided for the wife and children of a serviceman. This is due to the fact that a stable situation in the family allows you to raise the morale of a soldier and defend his homeland.

It is also worth noting that benefits for the spouse of a serviceman are also provided for in the labor code. For example, when using administrative leave in accordance with the provisions of Article 128 of the Labor Code of the Russian Federation, certain benefits are provided to wives.

Documents and drawing up an application for the leave of the wife of a soldier

Basically, each applicant must collect and provide a list of documents established by law, and if he belongs to the privileged category of citizens, then it will be necessary to collect papers confirming this. In other words, when a woman is employed, she needs to notify the employer in advance that she is the wife of a military man.

It is worth noting here that not all management is ready to follow the law during work. Based on this, it would be best to duplicate the collected package of documents.

The application for leave must be accompanied by:

Marriage certificate;
A certificate from the military unit where the husband serves. It should indicate the position held by him;
A copy of the order, which refers to.

In addition, the preparation of the application itself will have several nuances, since the vacation will be used outside. Therefore, in the main part, before indicating the request for leave, it is necessary to refer to Article 11 of Federal Law No. 76.

Procedure for making an application:

Document heading. It indicates the name of the head and employee, as well as their positions;
Then you need to write the full name of the application itself;
In the main part, it is necessary to write the full name and title of the husband, as well as the timing of his vacation;
Make a reference to the norms established in Federal Law No. 76;
Indicate the dates from which you plan to go on vacation;
This is followed by an application - here you must specify all the documents that will be attached to the application;
Date and signature of the employee.

It should be noted that the above package of documents must also be indicated in the application. After that, it must be attached to it to confirm the legality of their rights to rest in the specified period of time.

Important. If a woman needs to rest for more than the established 28 calendar days, then she needs to write a second application, in which it is also necessary to refer to the norms listed in Federal Law No. 76. The second leave will be administrative and not payable.

How to get a vacation

In order to get a vacation, the spouse of a serviceman will need to draw up a special application and send it to the personnel department. It is advisable to notify your employer of this intention in advance (preferably one week in advance). This is due to the fact that the vacation is accompanied by calculations in the accounting department, as well as the preparation and issuance of the corresponding order. After that, vacation pay is calculated by the employer.

In addition, as noted above, the following documents must be attached to the application:

Certificate from the place of service of the husband;
Marriage certificate.

By the way, a certificate from the place of service, as a rule, the employer rarely requires, since it is provided to him at the stage of employment.

After the employee's application is received, the company will undertake standard procedures. Namely:

. Here we use the standard . This order also notes. After which it is approved and ;
Preparation of a note-calculation. This document is the basis for the payment of vacation funds. It will be drawn up in the T-60 form.

It is worth noting that the average wage will be determined.

Payouts

All calculations will be carried out on the basis of the issued order for the company and the note-calculation. To determine the amount of vacation pay, accountants determine for the last year (the period may be shorter if the woman has been working in the company for less than 12 months).

When calculating, all bonuses and are taken into account. After that, the value of the average daily wage is set, which will be multiplied by the number of vacation days.

If the employer refuses to provide leave

Federal Law No. 76 and Article 122 of the Labor Code of the Russian Federation are strong evidence of the illegality of the employer when he refuses to grant leave to the wife of a serviceman. If such a situation arose, then it would be best to contact the labor inspectorate or the court.

All workers, according to the Constitution of the Russian Federation, have the right to rest. Only its provision has certain subtleties and nuances. Let's consider the vacation of the wife of a serviceman. This category of citizens belongs to privileged ones, therefore, it has additional rights established by the current legislation. And this is justified, since the vacation of the wife of a serviceman may not coincide with the period of rest provided to him by the state, which complicates relations in the family. And you yourself understand that this generally threatens to reduce the morale of the army, which is dangerous for the entire population. The legislator tried to fix the special rights of the wives of people who defend the Motherland, thereby avoiding serious problems. Let's talk about everything in more detail.

Serviceman's wife's leave: law

The norm on preferential provision of defenders of the Fatherland to spouses is in the Labor Code of the Russian Federation. It is spelled out in Article 123 and is of a reference nature. In more detail, this section indicates that some categories of citizens have vacation benefits, provided, among other things, by “other federal laws”. Thus, this document should be found. It is the law "On the Status of Servicemen". Article 11 of this normative act contains a rule concerning the official girlfriends of the defenders of the Motherland. It states that the leave of the wife of a serviceman must be granted simultaneously with the leave of the husband. In addition, if the periods do not match, then the employer must give the spouse an additional one at her expense. Military personnel are understood as employees of departments whose functions include organizing the defense of the Fatherland. This is not only the Ministry of Defense, but also the FSB, foreign intelligence, the Ministry of Emergency Situations, the Ministry of Internal Affairs and some other departments. In case of misunderstanding, you should additionally consult with a lawyer or carefully read the laws.

a soldier's wife

According to the Labor Code, the rest schedule for employees of the enterprise is drawn up two weeks before the start of the new year. This document is mandatory for both workers and administration. That is, people receive vacation at the time indicated in the document approved by the head. Exceptions are possible in cases established by law. These include the leave of the wife, only you need to prove your involvement in the preferential category established by federal laws and the Labor Code. Then the schedule for her will lose relevance and compulsion. It should be noted that in practice personnel officers try to find out all the circumstances from beneficiaries in advance so as not to violate the rules. But not always the wife of a serviceman has the opportunity to indicate the date of her husband's vacation. The work of the defenders of the country is quite tense, when they rest, the authorities decide. In advance, they may not know the dates of temporary retirement. So, you still have to deal with unplanned changes in the schedule. At the same time, all sorts of problems arise, the authorities do not want to let the employee go, referring to the production need, there are worse cases. It is not worth giving up to women-beneficiaries.

How to apply correctly

The success of any operation lies in taking into account all the little things. Our case is no exception. Leave for the wives of military personnel is required to be provided during the rest period of the husband, we have already found out. A woman can only ask correctly. To do this, you will have to prepare several additional documents. Namely, a copy of the marriage certificate should be attached to the application. This paper confirms one part of the preferential category. The second paper is a certificate from the organization of the spouse that he is in the service. These documents will explain to management that you have additional rights. Another paper is a copy of the vacation order for the spouse. Three certificates are enough so that not a single boss refuses to let the woman go at the specified time. It is important for the worker herself not just to collect the documents, but for the wife of the serviceman to draw up correctly. You must indicate that you have additional grounds in writing. This is done after the main text asking for leave. So you write: “I am attaching”, then list references with numbers and dates of publication.

If not allowed

Often people are faced with a variety of situations that generally do not fit into the standard patterns of personnel work. What, for example, to do if a woman has not yet worked for half a year at the enterprise, but asks for a vacation. For the wives of military personnel, rest should be timed to coincide with the same period of her husband, but she seems to have not yet earned it according to the Labor Code. You should be aware that the management has no legal grounds for refusal. That is, the spouse must be granted the leave that she asks for. However, here the issue rests on finances. It is usually decided by agreement. The manager offers the woman to take a vacation without pay. Moreover, the state support of her husband is quite significant. This, of course, is a trick, but not a direct violation of the law. Thus, ladies with benefits are advised not to go ahead. Try to get to the bottom of leadership problems. Suddenly, the husband will be urgently transferred, and you still won’t have a salary in order to withhold the amount paid as vacation pay from it.

Design subtleties

We have already indicated that vacation for the wives of military personnel can be divided into paid and at their own expense. So, you should calculate the rest periods. If the husband has a longer one, then you will have to write two statements. In order not to get confused, it is recommended to consult with a personnel specialist. This person has all the information and will tell you how to date the papers correctly. After all, there should not be a break between vacations, otherwise you will have to return to your duty station, and this can be inconvenient. must start on the day you would normally exit paid. The personnel department will draft two different orders regarding your holiday. It is advisable to familiarize yourself with each under the signature after the head approves them.

What to do in case of refusal

Ignoring the appeal of the spouse of the military about the leave is a violation of the law. It is advisable to speak with the manager. If this person does not meet halfway, then do not invent anything, go to the labor inspectorate. This state body was created specifically to protect the rights of workers. And if the authorities refuse to give leave, it means that they are breaking the law. This requires the intervention of a special body.