Publication date: 11.07.2024
I am Mariya Borevich, your personal lawyer. My primary goal is to help clients find optimal solutions to current legal issues, ensuring reliable protection of their interests. I specialize in family, civil, and military law, which allows me to effectively handle a variety of situations and cases. In family law, I provide support in resolving issues related to divorce, property division, establishing and challenging parental rights, alimony, and child custody. I understand that these matters are often emotionally complex, so I always strive to find the most delicate and fair solutions for all parties involved. In civil law, I assist in settling disputes related to contracts, property rights, compensation for damages, inheritance, and other issues concerning the protection of personal and property interests. Special attention is given to military law — supporting servicemen, protecting their rights and interests related to military service, social guarantees, and legal disputes. This area requires deep knowledge and understanding of the specifics of military service and the legislation regulating it.
Leave is a period when a serviceman takes a rest from military service for certain reasons. Vacation for servicemen of the Armed Forces of Ukraine (AFU) can be of different types and have different grounds.
Types of leave for military personnel:
- Leave on personal request: allows military personnel to have time for rest, personal affairs or other personal needs that are not directly related to official duties. To receive leave at personal request, a serviceman usually submits a report or application to the command of the unit indicating the period of leave and its purpose. During leave on personal request, a member of the armed forces retains his or her rights and benefits arising from his or her status, including the right to social security.
- Medical leave: is a type of leave granted in case of temporary incapacity of a serviceman due to illness or injury, the duration of which is determined by a medical certificate issued by a doctor after a medical examination of a serviceman. In order to receive it, a serviceman must have a medical certificate or a medical certificate confirming incapacity for work and setting a vacation period. While on such leave, a member of the armed forces retains his or her fundamental rights and benefits derived from his or her status, including social security and protection against dismissal.
- Social leave: military personnel may receive social leave in case of important personal circumstances (for example, family events).
- Leave during military exercises or meetings: military personnel may have leave during military exercises or meetings. Quite often, after release, military personnel have unused leave and then they are provided with the payment of vacation pay upon release.
Question
Do they pay vacation pay upon dismissal?
Answer
Yes, the payment of vacation pay upon dismissal is possible, the serviceman is paid compensation for unused vacation, and this is provided for by the Law of Ukraine “On Social and Legal Protection of Servicemen and Their Family Members”.
How to get payment of vacation upon dismissal:
Receiving compensation for unused leave for a serviceman includes several steps:
- Recourse to the commander or personnel service: First, contact your commander or the personnel service of your military unit for compensation for unused vacation days. Apply for monetary compensation. In the application, indicate all days of unused vacation and justify your request in accordance with the law.
- Preparation of documents: collect all the necessary documents that confirm your right to compensation, namely: n
o vacation orders, a certificate from the personnel service about unused vacation days, settlement letters or documents confirming your salary for the last 12 months. Make sure that all the vacations due to you are indicated in the personal file. - Control of payments: once the decision to pay compensation has been made, control that the payment is made within the prescribed time limit. If compensation is not received on time, you can re-apply to the command or apply for enforcement. Keep all copies of the documents and applications you submit.
- High Command Appeal: If your appeal has not received a response locally, you can ask the High Command to resolve the issue. In the application, indicate all attempts to solve the problem at the level of your unit and attach copies of the relevant documents.
In some cases, legal assistance may be required. In such situations, the Lawyer will help you find out what the vacation pay is, how exactly to use your right to vacation or receive compensation - a calculator of vacation days during dismissal by protecting your interests in accordance with current legislation for the military.
Help of a lawyer to get unused vacation:
- Analysis of your military status: the lawyer will first determine your status (contractor, mobilized, conscript, etc.) and the conditions under which you are entitled to leave. Legislation for different categories of military may differ.
- Inspection of regulations and internal regulations: A lawyer will check the internal regulations of your military unit regarding the provision of vacations and the possibility of receiving compensation for unused days. In particular, there is a provision that during martial law vacations may be limited, but this does not mean a complete loss of the right to them.
- Assistance in drawing up applications and documents: a lawyer will help prepare a correctly executed application for leave or its compensation, taking into account your position as a military serviceman. If you cannot take advantage of leave due to official circumstances, the lawyer will help demand compensation for unused leave, in accordance with Article 10-1 of the Law of Ukraine on Military Personnel.
- Dispute resolution with the command: If the command denies you leave or compensation, an attorney can assist in resolving the dispute with the management of your unit. This may include the preparation of formal appeals or negotiations.
- Legal representation: if your right to leave or compensation has been violated and a peaceful settlement of the conflict is not possible, a lawyer can prepare a lawsuit. In such cases, it is necessary:
collect all necessary evidence (appointment orders, leave documents, official orders, etc.);
represent your interests in court;
claim not only compensation for unused vacations, but also moral damages if you have experienced stress or other negative consequences due to violation of your rights.
During martial law or a special period, holidays may be restricted, but this does not mean the complete abolition of the right to them. A lawyer will help you figure out whether the restrictions in your case are legal and how to properly defend your right to vacation.
If you resign from the service and have unused vacation days, a lawyer can help you get monetary compensation for those days. The legislation of Ukraine provides for the possibility of such compensation for military personnel upon dismissal from military service.
Receipt of unused leave and payment for unused leave on separation for military personnel is subject to specific legislation and the process may differ from civilians. In this case, the lawyer will help to understand the legal nuances that relate to your status as a military serviceman vsu and receive unused vacation or compensation for it. If you need additional help or advice on this issue, I recommend contacting a specialized military law lawyer of our legal marketplace. A consultant who will be able to help with the correct preparation of an application for leave, payment of unused vacation upon dismissal and do everything in his power to solve your issue payment for unused vacation upon dismissal how to get compensation.
