VACATION FOR MILITARY PERSONNEL DURING WAR

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Kozyan Tatyana

Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

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VACATION FOR MILITARY PERSONNEL DURING WAR

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The right of military personnel to receive leave and the procedure for granting it are determined by the Law of Ukraine "On the social and legal protection of military personnel and members of their families". This law specifies the list of holidays granted to military personnel during the normal period and during martial law.

For military personnel, it is possible to receive the following leave:

  • annual leave;
  • annual additional leave for military personnel whose performance of military service duties is associated with an increased neuro-emotional and intellectual load or is carried out in special regions;
  • family leave;
  • vacation for treatment;
  • leave for female military personnel in connection with pregnancy and childbirth, child care, etc.

But, so far, due to the declaration of martial law in the country, all planned vacations for military personnel have been canceled. Therefore, for this period, military personnel have the opportunity to receive leave for family reasons or sick leave (i.e. medical leave).

According to paragraph 9 of Article 10-1 of the aforementioned law, a soldier may receive leave for family reasons for the following reasons:

  • their marriage;
  • if the relatives of the servicemen are in serious health condition or have died;
  • in the event of a fire or other natural disaster that has befallen the family of a serviceman;
  • and by decision of the commander of the military unit, leave is granted in other cases when the presence of a serviceman in the family is necessary. Such leave does not take into account the travel time to the place of vacation and return. Such leave may be granted once during a calendar year.

In accordance with paragraph 10 of article 10-1 of the Law of Ukraine “On the social and legal protection of military personnel and their families”, by decision of the commander of a military unit, military personnel may be granted leave for family reasons and for other valid reasons without saving monetary allowance with a total duration of not more than 15 calendar days per year.

Also, according to the Law of Ukraine "On the social and legal protection of military personnel and members of their families", a soldier in wartime has the right to receive medical leave.

According to paragraph 11 of Article 10-1, in connection with an illness, a serviceman is granted leave for treatment with the preservation of financial and material support on the basis of the conclusion of the military medical commission (MMC). The duration of such leave depends on the degree and severity of the disease. The total time spent by a serviceman in medical institutions on leave for treatment should not exceed 4 months in a row (but there are cases when the legislation provides for longer periods of stay on treatment).

After the end of the established continuous stay for treatment in health care institutions in connection with the corresponding illness, the serviceman is subject to examination by the military medical commission to decide whether he is fit for military service.

There is also another exception regarding military leave. Female soldiers have the right to leave for pregnancy and childbirth, care for a child up to 3 years, and if the child needs care in the future, then the leave lasts up to 6 years.

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Senior lawyer

Specializes in military law: contesting the conclusion of the military medical commission, writing reports, writing applications to the TCC and SP for deferment, support for dismissal from military service, consultations on mobilization.

Contact now
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