Decree of the Ministry of Defence No. 263 / 1999 Coll.
Decree of the Ministry of Defence setting out the reasons for providing professional leave to professional soldiers for obstructions and the scope of duty leave
Valid
Order
Effective from 01.12.1999
263
DECLARATION
Ministry of Defence
of 5 November 1999
setting out the grounds for providing duty leave to professional soldiers for obstacles to service and the scope of duty leave
According to § 39 (5) of Act No. 221 / 1999 Coll., the Ministry of Defence provides:
Obstacles in service for reasons of general interest
(1) The exercise of public functions, civil duties and other acts of general interest shall be regarded as an obstacle to service for reasons of general interest.
(2) In particular, public service tasks shall mean the performance of duties arising from the office of a member of the local authority's representative, provided that the service is not interrupted during the term of office, 1) or by an associate in court.
(3) In particular, the performance of civil duties shall be in the case of witnesses, interpreters and other persons called upon to act in a court or other State or local authority, when providing first aid, compulsory medical examinations, measures against communicable diseases, other urgent measures for preventive treatment, isolation for reasons of veterinary protection, the provision of personal assistance for fire protection, live events or other similar exceptional cases, and in cases where a natural person is required to provide personal assistance under legislation.
(4) Other acts of general interest, scope and conditions for the provision of duty leave are set out in Annex 1 to this Decree.
Important personal obstacles in the service
Staff leave for important personal obstacles in the service shall be granted to an occupational soldier (the soldier) for the reasons and to the extent specified in Annex 2 to this Decree.
Staff leave for long-term care
If it is about providing long-term care, in cases under the sickness insurance law, the soldier shall be granted additional leave of absence for the entire duration of long-term care.
Efficacy
This Decree shall take effect on 1 December 1999.
Minister:
RNDr. Vetchý, CSc. v. r.
Příloha č. 1
Annex No. 1 to Decree No. 263 / 1999 Coll.
Other acts of general interest on which leave is granted
Staff leave for other acts of general interest shall be granted to a soldier in the following cases, under the following conditions and to the following extent:
1. Donor activity in blood collection and apheresis
Staff leave shall be granted for the period of the journey to be taken, the actual journey to be taken, the return journey and the recovery after taking place, provided that such events interfere with the service period within 24 hours of the arrival of the journey to be taken. If 24 hours are not sufficient for the journey to be taken, to be taken and to travel back, leave shall be granted for the required period of time if it interferes with the period of service. If they are not available, leave shall be granted only for the period of absence of service, as demonstrated, strictly necessary.
2. Donor activity when collecting other biological materials
Staff leave shall be granted for the period of the journey to be taken, the actual journey to be taken, the return journey and the recovery after collection, provided that the said facts interfere with the period of service within 48 hours of the arrival of the journey to be taken. Depending on the volume, nature of the collection and the health status of the donor, the doctor may determine that the duty leave is reduced or extended; for an extension, however, for a period of not more than 96 hours after the arrival of the journey. If they are not available, leave shall be granted only for the period of absence of service, as demonstrated, strictly necessary.
3. Activities of registered candidates and members of electoral committees in elections to Parliament and local authorities
Staff leave shall be granted for the period necessary.
4. Soldier activity in free lecture or teaching, including trial activities
Staff leave shall be granted up to a maximum of 12 days in a calendar year, unless the important interest of the service is prevented.
5. The activity of a member of the Mountain Service and a soldier who, on her call and following her instructions, personally assists in a rescue action in the field
Staff leave shall be granted for the period necessary.
6. Activities of the Heads of Camps for Children and Youth, their representatives for Economic and Health Affairs, Section Leaders, Traders, Instructors and, where appropriate, Medium Health Workers in Camps for Children and Youth
Staff leave shall be granted for the strictly necessary period, but not more than 3 weeks in a calendar year, provided that this is not prevented by an important interest in the service and provided that the soldier has worked continuously and free of charge with children or youth for at least 1 year prior to the period of service. The condition of continuous and free work according to the previous sentence is not required for medium-sized health workers or for camps for disabled children and youth.
Příloha č. 2
Annex No 2 to Decree No 263 / 1999 Coll.
Staff leave for important personal obstacles in the service
Staff leave for important personal obstacles in the service shall be provided to the soldier in the following cases and to the following extent:
1. Testing or treatment of a soldier in a medical facility
Staff leave shall be granted for the period necessary if the examination or treatment cannot be carried out outside the period of service.
2. Birth of a child to a wife or mate of a soldier
Staff leave shall be granted for the period necessary, up to a maximum of 1 day for the transfer of a spouse or spouse to a medical establishment and a maximum of 1 day for the transfer back from a medical establishment.
3. Acid
(a) a child, mother, father, husband or wife, spouse, partner or partner in a registered partnership to a medical institution for examination or treatment in the event of sudden illness or injury and for a pre-determined examination, treatment or treatment;
(b) a disabled child to a care facility or a boarding school.
Staff leave shall be granted for a period of the necessary but not more than 1 day when the leave referred to in (a) is granted and not more than 6 days in a calendar year when the leave referred to in (b) is granted. Staff leave shall be granted only to one of the authorised persons and only if the escort was necessary and the said acts could not be carried out outside the service period.
4. Treatment of a family member and childcare
(a) for the treatment of a sick child under 10 years of age, even if he does not live with a soldier in the same household; or
b) in the care of a child under 10 years of age even if he does not live with a soldier in the common household, on the grounds that
(ba) a children's educational establishment in which the child is otherwise under the care of the child, or the school to which he is attending, has been closed by order of the competent authorities due to an accident, emergency measures in the event of an epidemic or other unforeseen event; or
(bb) the child cannot be in the care of a child education establishment or attend school for an ordered quarantine; or
(bc) a person who otherwise takes care of the child has been admitted to a medical institution, has become ill or has been ordered to be quarantined (quarantine measures) and therefore cannot take care of the child; or
(c) when treating a child who has reached at least 10 years of age, a mother, a father, a husband or wife, a partner or a partner in a registered partnership, or another person living with a soldier in the common household, where their health is strictly required by the decision of the treating physician by another person.
Staff leave shall be granted for the first 7 consecutive calendar days if there is a need for care or care for that period; in the same case, treatment or care shall be granted only once and only to one authorised person.
A single soldier who has permanent care of at least one child of the age of up to the end of compulsory education shall be granted leave of absence for the first 13 consecutive calendar days, if there is a need for nursing or childcare for that period.
A soldier who is free, widowed, divorced or lonely for other serious reasons shall be considered to be a lone soldier for the purposes of providing duty leave, if he does not live with a species or partner or partner in a registered partnership.
5. Deaths
(a) on death of a spouse, partner or child, leave of three days shall be granted, of which one day to attend the funeral of such persons;
(b) upon death of the parent, sibling, parent or sibling of his spouse, as well as the sibling's spouse, shall be granted a duty-free period of 1 day and another 1 day if the soldier provides for the funeral of such persons;
(c) on the death of his spouse, grandson or grandparents, who, although not belonging to those next of kin, but who lived with a soldier at the time of death in the common household, shall be granted leave of duty for a maximum of 1 day and another 1 day if the soldier provides for the funeral of those persons;
(d) on the death of a co-worker, leave of service shall be granted for the period necessary to attend his funeral.
6. Own wedding and wedding of children and parents
(a) a two-day leave of duty shall be granted for the wedding, of which one day to attend the wedding ceremony,
(b) to take part in the wedding of a child or of a parent shall be granted a duty leave of 1 day.
7. Moving in the important interest of the service
(a) the removal of a household in the same municipality shall be granted leave of service for the necessary period, not exceeding 1 day;
(b) when moving a household to another municipality, or when transporting personal items and family members to a place of work abroad and returning, leave of duty shall be granted for the necessary period, for a maximum of 3 days.
An important interest in the service is, for the purpose of providing leave of absence, in particular, the approach of a soldier's household to a designated place of service.
8. Search for a post before the termination of service by the end of the prescribed period and before discharge from service
Staff leave shall be granted within a period of 2 days of the month for a period of 2 months prior to the termination of service by the expiry of the period laid down or before the termination of service. Staff leave may be combined with the approval of the Staff Authority.
9. Unanticipated interruption or delay of mass vehicles
Staff leave shall be granted for the period strictly necessary if the soldier cannot reach his place of service in another appropriate manner.
10. Settlement
(a) important personal, family or property matters which require the personal participation of a soldier and cannot be dealt with outside the service period;
(b) urgent matters in cases of illness or injury to a child, mother, father, husband or wife, spouse, partner or partner in a registered partnership where the immediate presence of a soldier is indispensable.
Staff leave shall be granted for the necessary period, not exceeding 1 day, for a total period of not more than 40 hours in a calendar year.
11. Enrollment of entrance examinations on the basis of the application submitted for study and the announcement of the school of such examinations
Staff leave shall be granted for the period necessary.
12. Sending a national expert to the institution of the European Union.
Staff leave shall be granted for the period of secondment.
13. Return of Soldier from Foreign Operation
Staff leave shall be granted on a one-off basis for a period of five consecutive days, no later than 30 days from the date of return from abroad, if the soldier has served in a foreign operation for at least 90 consecutive days.
14. Medical activities related to the performance of the service
Staff leave shall be granted for an essential period of time to a soldier who shall undergo a medical operation related to the performance of the service to the extent specified by specific legislation or by a decision of the competent public health authority.
1) Sections 11 and 12 of Act No. 221 / 1999 Coll., on professional soldiers.
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Regulation Information
| Citation | Decree of the Ministry of Defence No. 263 / 1999 Coll., setting out the reasons for providing duty leave to professional soldiers for obstacles to service and the scope of duty leave |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.1999 |
|---|---|
| Effective from | 01.12.1999 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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