The hot holiday season has already passed. However, employees of institutions go on vacation all year round. Article 46 of Law N 79-FZ establishes certain provisions regarding the provision of leave to a civil servant - he is entitled to annual leave while maintaining the civil service position being filled and salary. Moreover, such leave must be granted to a civil servant annually in accordance with the leave schedule approved by the employer’s representative (Part 9, Article 46 of Law No. 79-FZ). Today we will look at the procedure for granting vacation, drawing up a vacation schedule and calculating vacation pay.
Duration of civil servant's leave
According to Part 2 of Art. 46 of Law No. 79-FZ, the annual paid leave of a civil servant consists of basic paid leave and additional paid leave.
Annual basic paid leave is provided to civil servants replacing:
- the highest and main positions of the civil service, - lasting 35 calendar days (part 3 of article 46);
- civil service positions of other groups - lasting 30 calendar days (Part 4, Article 46).
As for the duration of the annual additional paid leave for long service, it is calculated on the basis of one calendar day for each year of civil service (Part 5 of Article 46). According to Part 6 of Art. 46, the total duration of annual basic paid leave and annual additional paid leave for long service cannot exceed for civil servants:
- filling the highest and main positions of the civil service - 45 calendar days;
- filling civil service positions of other groups - 40 calendar days.
Note! Additional leaves for irregular working hours, as well as in connection with difficult, harmful and (or) dangerous conditions of the civil service are provided in addition to the annual paid leave provided for in Part 6 of Art. 46 Law No. 79-FZ.
In addition, in Part 7 of Art. 46 of Law N 79-FZ states that a civil servant is granted annual additional paid leave in connection with difficult, harmful and (or) dangerous conditions of civil service, including in connection with service in areas with special climatic conditions, in accordance with the legislation of the Russian Federation . Article 117 of the Labor Code of the Russian Federation stipulates that the minimum duration of annual additional paid leave for persons employed in work with harmful and (or) dangerous working conditions, and the conditions for its provision, are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor relationships. Currently in force is Decree of the Government of the Russian Federation of November 20, 2008 N 870 “On the establishment of reduced working hours, annual additional paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions” . According to paragraph 1 of this resolution, for persons engaged in heavy work, work with harmful and (or) dangerous and other special working conditions (based on the results of certification of workplaces), the annual additional paid leave is at least seven calendar days.
Regarding the provision of additional leave to civil servants working in areas with special climatic conditions, in accordance with Art. 14 of Law N 4520-1 it is established by the following duration:
— in the regions of the Far North — 24 calendar days;
- in equivalent areas - 16 calendar days;
- in other regions of the North, where the regional coefficient and percentage increase in wages are established - 8 calendar days.
Let us note that, at the request of a civil servant, annual paid leave can be granted in parts, and the duration of one part of the leave should not be less than 14 calendar days. By agreement with the employer's representative, a civil servant may be granted part of the vacation of a different duration (Part 8, Article 46 of Law No. 79-FZ).
Features of calculating vacation pay for civil servants
The 2021 bills introduced changes to leave for public service employees. In October of this year, a decree was adopted regarding the reduction of rest periods for workers in certain areas of activity.
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In addition, government officials proposed:
- reduce the duration of leave due for irregular work schedules;
- change the procedure for calculating vacation pay for civil servants based on length of service.
Providing leave
According to Russian legislation, civil servants are provided with annual paid leave and additional leave based on length of service.
Both leaves can be summed up or provided in parts. When splitting vacation, one part of it cannot be less than two weeks (Article 125 of the Labor Code of the Russian Federation). In addition, an official can take unpaid leave for no more than a year.
Leave for civil servants is granted according to the following rules:
- The first leave after employment is given after 11 months of work in a government agency. The only exceptions are pregnant women and employees transferred from one government agency to another.
- By agreement with management, an official can take leave in advance.
- Annual paid leave can be postponed or extended if a person is temporarily disabled.
- With the consent of the official, his vacation may be postponed to another working year. One part of the vacation (for a period of more than 6 days) must be used no later than within 1 year from the date of entitlement to it. The other part can be added to the rest of the next working year. However, management does not have the right not to provide rest to an official for two years in a row.
- Vacation cannot be compensated by financial payment, with the exception of the option of dismissing an employee.
- Additional leave is given beyond the official one.
- With the consent of the government employee, he may be recalled from vacation early. An unexpected recall is issued in the form of an order, which stipulates the conditions for providing part of the unused rest period.
- When an official is granted leave without pay, his work position is retained.
Duration
Since the beginning of 2021, the following rules regarding the duration of rest for officials have been in force:
- Civil servants in senior and main positions rested for 35 days (with amendments - 30).
- Other civil service employees were entitled to 30 days.
The amendments that reduce the length of the rest period remain outside the scope of vacations of state representatives working in particularly difficult and harmful working conditions.
The following categories of citizens receive additional vacation days:
- employees in the far north – 24 days;
- workers working in conditions close to the north – 16 days;
- employees engaged in activities in the north and receiving an increase according to the regional coefficient - 8 days.
Legislation
Vacation pay for civil servants is regulated by Federal Law No. 79 “On the State Civil Service of the Russian Federation”. In the fall of 2021, amendments to reduce the duration of vacations were made to this law.
According to legislators, this year’s changes should bring order to the duration of vacations for civil servants. In addition, funds from the state budget are saved. The new principle for calculating the vacation period will come into force in March 2021.
The result of the reorganizations is a radical change in the working conditions of civil servants.
Management or his representative will be required to inform employees about the new conditions no later than 30 days in advance.
If an employee refuses to accept the introduced procedure, management has the right to dismiss him from service.
Changes for 2021
The bill defined the main indicators affecting the length of leave for civil servants:
- employee's position;
- work schedule;
- work experience.
According to the law adopted in late October, the following changes must be implemented:
- The duration of rest for civil servants (Article 115 of the Labor Code of the Russian Federation) is 30 days.
- Leave granted for irregular working hours is limited to 3 days.
- The procedure for calculating additional leave for work experience is changing. Now from 1 year 1 day is added, from 5 – 5 days, from 10 – 7 days, from 15 – 10 days. This amendment allows for a maximum leave period of no more than 43 days.
The year of work for the state is calculated for an employee from the moment of employment. For example, if an official began working in May 2020, then his next year in service will begin in May 2021. Before the start of the new working year, the employee rests according to the old rules.
Is financial assistance taken into account when calculating vacation pay? See here.
Vacation pay for civil servants
The legislation defines the following procedure for payment of vacation pay for civil servants:
- funds are issued one-time;
- money is credited and paid no later than 10 days before the rest period begins.
Leave for officials is provided in accordance with the vacation schedule. However, an official may take unplanned vacation due to his wife being on maternity leave.
With this option, the employer is obliged to meet halfway by adjusting the vacation schedule.
Additional unpaid leave can be taken upon request if there are valid reasons. The manager personally reviews the application, determining the degree of respect.
Payment Features
Vacation payments to officials are transferred according to Government Decree No. 562. This regulatory act has been in force since September 2007.
The cash payment for the period of paid official leave for civil servants consists of:
- salary, which depends on the employee’s position;
- salary by class of service;
- additional allowances.
Allowances usually consist of the following components:
- long service payments;
- additional salary for special working conditions (for example, in the northern regions);
- payments for the use of documents related to state secrets in work activities;
- material incentives assigned to the employee in the next working month;
- awards issued in the current period;
- financial assistance for civil servants.
For some representatives of the civil service, the calculation of allowances also includes monetary support in the form of lump sum payments.
How are they calculated?
The procedure for organizing vacations for officials differs from other persons due to the fact that the vacation of both is regulated by different legal documents.
According to the established rules, the calculation of vacation pay for civil servants is carried out according to the following rules:
Vacation payment amount = salary/29.3*number of vacation days.
Let's look at the calculation of vacation pay for a civil servant using the following example. Official leave is granted to an employee of a civil service institution in the period from 10/01/2016 to 10/14/2016, for 2 weeks. Vacation pay must be paid before September 21, 2016 (10 days in advance).
Cash allowance for the month amounted to 30,950.45 rubles.
This amount was made up of the following components:
- 6900 rub. – salary for the position;
- RUB 1,590.40 – salary for rank according to class;
- 696 rub. – 10% bonus for work experience;
- 8970 rub. – 130% premium for the conditions in which the service takes place;
- RUB 11,300.05 – financial incentives in the current month;
- 700 rub. – 1/12 of financial assistance a year before vacation;
- 794 rub. – 1/12 of all bonuses for the year before the vacation.
Amount of vacation pay = 30950.45/29.3*14 = 14788.61 rubles.
Is income tax deductible on vacation pay? Read here.
How is vacation pay calculated in 2021? Detailed information in this article.
Additional guarantees
In addition to the payment of vacation pay, the state guarantees the accrual of material resources to civil service employees during the periods:
- undergoing medical examinations/temporary disability;
- vocational and retraining, advanced training, internships;
- being on business trips;
- removal from the exercise of powers due to conflicting personal and official interests;
- official checks.
Additional material guarantees from the state to officials:
- health insurance, including for pensions;
- social insurance;
- compensation for business travel expenses;
- reimbursement of transportation costs when transferring to another workplace;
- pension compensation.
Video about calculation rules
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
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Payments upon provision of leave
According to Part 10 of Art. 46 of Law No. 79-FZ, a civil servant is paid a salary for the period of annual paid leave. In this case, it must be paid no later than 10 calendar days before the start of the specified vacation. In addition, when providing annual paid leave, a one-time payment is made:
- for a federal civil servant - in the amount of two monthly salaries (Part 11, Article 46);
- to a civil servant of a constituent entity of the Russian Federation - once a year in accordance with the legislation of the constituent entity of the Russian Federation (Part 12, Article 46).
Vacation for state employees in 2017
In 2021, the duration of annual leave for public sector employees is still 30 days (according to changes in 2021). In addition, it is expected that the length of the working day will increase and additional days off will be approved for irregular working hours (maximum 3 days) and length of service. In this way, the authorities hope to save money and standardize the duration of rest for public sector employees.
The number of additional vacation days will also now be significantly influenced by length of service (so-called long service leave). So, the bonuses to the main leave will be as follows:
| Experience | Number of days of additional leave |
| 1-5 years | 1 |
| 5-10 years | 5 |
| 10-15 years | 7 |
| more than 15 years | 10 |
Vacation schedule
As mentioned earlier, annual paid leave must be provided to a civil servant annually in accordance with the vacation schedule approved by the employer’s representative. Article 123 of the Labor Code of the Russian Federation states that the order of granting paid vacations 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 Art. 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. At the same time, the employee must be notified of the start time of the vacation against signature no later than two weeks before its start.
Certain categories of employees, in cases provided for by the Labor Code and other federal laws, are granted annual paid leave at their request at a time convenient for them. At the request of the husband, he is granted annual leave while his wife is on maternity leave, regardless of the time of his continuous work with this employer.
In addition, when drawing up a vacation schedule, it is necessary to take into account the provisions of Art. 122 of the Labor Code of the Russian Federation, which establishes the procedure for granting annual paid leave. It states that paid leave must be provided to the employee annually. In this case, the right to use vacation for the first year of work arises for the employee after six months of his continuous work with this employer. By agreement of the parties, paid leave may be granted before the expiration of six months. Leave for the second and subsequent years of work can be granted at any time of the working year in accordance with the order of provision of annual paid leave established by a given employer.
Please note that before the expiration of six months of continuous work, paid leave at the request of the employee must be provided to:
- for women - before maternity leave or immediately after it;
— workers under the age of 18;
- employees who have adopted a child (children) under the age of three months;
— in other cases provided for by federal laws.
Let us remind you who should be granted leave at a time convenient for them, as this is established by federal laws:
- Heroes of Socialist Labor and full holders of the Order of Labor Glory (Article 6 of the Federal Law of 01/09/1997 N 5-FZ “On the provision of social guarantees to the Heroes of Socialist Labor and full holders of the Order of Labor Glory”);
- Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory (Article 8 of the Law of the Russian Federation of January 15, 1993 N 4301-1 “On the status of Heroes of the Soviet Union, Heroes of the Russian Federation and full holders of the Order of Glory”);
- disabled war veterans, participants in the Great Patriotic War, combat veterans, military personnel who served in military units that were not part of the active army in the period from June 22, 1941 to September 3, 1945 for at least six months, military personnel awarded orders or USSR medals for service during the specified period, persons awarded the badge “Resident of besieged Leningrad”, persons who worked during the Great Patriotic War at air defense facilities, the construction of defensive structures and other military facilities within the rear borders of active fronts (Article 14- 19 Federal Law of January 12, 1995 N 5-FZ “On Veterans”);
- spouses of military personnel - they are granted leave at their request simultaneously with the leave of military personnel (Article 11 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel”);
- citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site (Article 2 of the Federal Law of January 10, 2002 N 2-FZ “On social guarantees for citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site”);
- citizens exposed to radiation as a result of the disaster at the Chernobyl Nuclear Power Plant (Article 14 of the Law of the Russian Federation of May 15, 1991 N 1244-1 “On the social protection of citizens exposed to radiation as a result of the disaster at the Chernobyl Nuclear Power Plant”);
- persons awarded the sign “Honorary Donor of Russia” (Article 11 of the Law of the Russian Federation of 06/09/1993 N 5142-1 “On the donation of blood and its components”);
- women with two or more children under the age of 12 (clause 3 of the Resolution of the CPSU Central Committee, Council of Ministers of the USSR dated January 22, 1981 N 235 “On measures to strengthen state assistance to families with children”).
Long service bonus for civil servants
Often people who serve in government agencies wonder whether they are entitled to a bonus related to length of service. It has now been established that citizens serving in the military and employees of law enforcement agencies are entitled to receive increases. These amounts are related to length of service. Similar provisions apply to civil government employees.
This is reflected in the law adopted at the federal level under No. 50. This act indicates that civil servants of all bodies are entitled to the bonus in question. It is stipulated that only those persons who have accumulated a certain amount of length of service have the opportunity to receive additional payment.
Filling out the vacation schedule
The vacation schedule for employees of the institution is drawn up according to the unified form T-7, approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1. The schedule reflects information about the time of distribution of annual paid vacations for employees of all structural divisions of the organization for the calendar year by month. When compiling it, the provisions of the current legislation of the Russian Federation, the specifics of the organization’s activities and the wishes of employees are taken into account. It is signed by the head of the personnel service and approved by the head of the organization or a person authorized by him, taking into account the reasoned opinion of the elected trade union body (if there is one) of this organization on the priority of granting paid leave.
When the vacation period is postponed to another time, with the consent of the employee and the head of the structural unit, appropriate changes are made to the vacation schedule with the permission of the person who approved the schedule or the person authorized by him to do so. The transfer of vacation is carried out in the manner established by the legislation of the Russian Federation, on the basis of a document drawn up in any form.
Leave from civil service at your own expense
You must write an application in advance.
Unpaid leave for civil servants is approved by the manager and the official who draws up the annual leave schedule.
According to current legislation, the applicant employee has the right not to disclose the reasons for taking an early break. It is recommended to notify management several days before the expected exit, and not before its immediate occurrence.
Based on the application, the HR department generates an order declaring the duration of the vacation, the start and end date.
Civil servants have a special design feature. Leave without pay should not exceed one year. The reasons for its design are formed and approved in an ideal manner.
The reason may be the need to write a paper to obtain a scientific degree.
Detailed information about the leave provided is indicated in the personal card of the civil servant.
The time sheet contains the following code values:
- DO - going on vacation by prior agreement with management;
- OZ - going on vacation for reasons regulated by current labor legislation.
Payout Features
Vacation payments for this category of citizens are calculated in accordance with government decree number 562, issued in September 2007.
This legislative document also refers to Law number 79 (its 50th article), which determines the procedure for calculating vacation pay for civil servants.
The salary of employees for the period of paid rest is formed:
- from the monthly salary accrued according to the position held by the person;
- from another salary assigned depending on the class of service;
- from additional payments.
Additional payments are formed from several components, depending on the employee’s work activity.
Typically they consist of:
- from the bonus for length of service;
- from the bonus accrued for special conditions in the workplace (for example, these may include work in the North);
- from the bonus for working with documents containing state secrets (the payment is calculated as a percentage of the official salary);
- from monetary incentives, if they were assigned to the employee during the next working month;
- from bonuses (usually awarded for complex or special tasks received from management), if they were awarded in the current month;
- from material assistance accrued from the Salary Fund for civil servants;
- from a lump sum payment provided for the annual paid vacation period.
At the same time, Article 50 (Part Three) of Law No. 79 states that all accrued funds are paid in one amount (a single monetary reward). And according to Article 46 of the same Law, the accrual and payment of all the amounts listed above are made no later than ten days before the start of the annual vacation period (calendar days are taken into account!).
The procedure for granting vacation periods is carried out according to general rules; federal and labor legislation has remained unchanged. The priority of the main vacation period is determined according to the vacation schedule drawn up at the institution (Article 123 of the Labor Code).
An exception to the general rule includes situations where a spouse wishes to take an annual vacation period while his wife is on maternity leave. The employer is obliged to take into account the employee’s wishes and make appropriate amendments to the institution’s vacation schedule.
Additional leave without pay is issued at the request of the employee and if he has valid reasons. The degree of their respect is determined by their immediate supervisor.
Maternity payments in 2021 - find out full information.
You can find out how to correctly calculate the average daily earnings taking into account sick leave here.
Read about the child tax deduction in this article.
How long can a municipal employee take leave without pay?
17.09.2021
Providing leave without pay is a right and not an obligation of the employer, therefore he has the right to refuse the employee
. In this case, the employer must take into account both the validity of the reasons indicated by the employee in the application, and the possibility of causing harm to the organization if leave is granted.
Maximum leave without pay for state civil servants
The day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases where the employee did not actually work, but in accordance with this Code or other federal law, he retained his place of work (position).
The employee wrote a letter of resignation while on leave without pay.
The employer’s obligation to provide leave at his own expense is established not only in the Labor Code, but also in other federal laws. So, in accordance with paragraph 11 of Article 11 of the 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.
In this case, the duration of the spouses' leave can be equal to the leave of military personnel at their request. Just the part of the leave of military spouses that exceeds the duration of annual leave at their main place of work is provided without pay.
At the same time, the employer does not have the right to refuse unpaid leave without pay in this case.
Providing Leave without pay, days on account of leave, sample application
Attention! If leave is requested due to the occurrence of an event, then copies of documents confirming this must be attached. These include copies of birth and death certificates, certificates from government agencies or other organizations, etc.
We recommend reading: How to drive without insurance
Leave without pay: in what case is it granted, for how long, how to apply
The law allows for the extension of leave without pay. To do this, it is necessary to submit an application to management indicating the reasons why the subordinate still cannot begin to perform his job duties. If management considers this possible , it will give its consent.
Limits of what is permitted: we determine the period of leave without pay at the initiative of the employee - the maximum period and the minimum
employees studying in accredited educational institutions of secondary vocational education on a full-time basis, combining study with work, for passing intermediate certification (10 calendar days per academic year), for preparing and defending a thesis and passing final state exams (2 months), for passing final exams (1 month). About this - Article 174 of the Labor Code of the Russian Federation;
On vacation for 3 months, perhaps? what to write in an application
Whether the reason is valid is up to the employer to decide.
If the employer considers the reasons specified in the application for leave without pay to be disrespectful and refuses to grant it, then the employee’s unauthorized absence from work may be regarded as a violation of labor discipline. Accordingly, the employer may take disciplinary measures up to and including dismissal. This is also stated in the Letter of Rostrud dated October 31, 2008 N 5916-TZ.
Leave without pay
By agreement with the management of the enterprise, the duration of administrative leave for retired employees can be increased.
However, it should be borne in mind that all vacation days exceeding those established by Art. 128 of the Labor Code of the Russian Federation, the employee’s right to receive annual paid leave will be “pushed back”. According to Art.
121, only 14 unpaid days per year can be included in the length of service giving the right to regular leave.
Features of providing leave at your own expense to working pensioners
- to the labor dispute commission;
- a territorial inspection designed to monitor compliance with labor laws by employers;
- directly file a claim with the judicial authorities, where they have every chance of winning the case and, in addition to paying for all the days of vacation on which the manager sent them, at least at the rate of 2/3 of the rate, in proportion to the downtime of the enterprise, to collect additional compensation for moral damage caused.
How legal is it to send employees on leave without pay at the initiative of the administration?
An employer can refuse to issue a leave if it is sure that the reason for taking it is unimportant. For this purpose, the reasons given in the application are analyzed. But the law does not contain information about what reasons are truly considered serious and valid, so objectivity must be maintained by both the employer and the organization’s employees.
We recommend reading: Regulations on the employment of people with disabilities
What is the duration of unpaid leave?
The length of service of employees is counted from the conclusion of a work contract until the termination of these legal relations. Moreover, this does not depend on the duration of annual and administrative leaves, as well as other cases of release from duties. But being on administrative leave is taken into account when calculating other periods, for example, annual rest and preferential length of service.
Maximum vacation period at your own expense
Labor legislation does not clearly regulate the issue of an employee’s early exit from leave without pay (such as, for example, early exit from maternity leave for a child aged 1.5 to 3 years). Therefore, we will figure it out on our own.
Six questions about unpaid leave
- Written orders or proposals from the employer for employees to submit applications for leave at their own expense.
- Applications from employees for the provision of the said leave, containing reasons such as the inability to pay wages, a decrease in the overall productivity and profitability of the company, etc.
Leave without pay at the initiative of the employer: legal features
In Art. 128 of the Labor Code of the Russian Federation states that the following categories of employees have the right to administrative leave without explanation:
- Participants and veterans of the Second World War - up to 35 days in use;
- Old-age pensioners who continue to work – up to 14 days a year;
- Disabled people who work – up to 60 days a year;
- Other employees who are provided for by the Federal Law and local regulations.
Leave without pay for a year for a municipal employee
How long can a municipal employee take leave without pay? Link to main publication
Source: https://corona-tv.ru/avtoyurist/na-kakoe-vremya-mozhno-vzyat-otpusk-bez-sohraneniya-zarplaty-munitsipalnomu-sluzhashhemu
