Vacation for municipal employees
All employees have the right to annual paid leave and municipal employees are no exception. They are also provided with a type of leave during which their jobs are retained and vacation pay is accrued. Until recently, the length of vacation for municipal employees depended on the position the employee held. In addition, such categories of workers were provided with more additional days of rest.
Important! Law No. 25-FZ regulates the labor relations of municipal employees, according to which the duration of regular vacations, additional days of rest, as well as an allowance for vacations for irregular days are determined.
The new version of this law has reduced the allowance for employees for length of service. If previously it was 15 days, then from May 2017 it is only 10 days. All vacations are planned in advance, for which a vacation schedule is drawn up at the end of the year, determining the duration and order of vacation for employees for the next year. Such a schedule is being developed based on the requirements of the Labor Code of the Russian Federation. As with other categories of citizens, municipal employees have the right to take their vacation in parts, one of which must be at least 14 days.
Compliance with the procedure for granting vacations
By virtue of paragraph 1 of Art. 46 Federal Law No. 79-FZ, paragraph 1, Art. 21 of Federal Law No. 25-FZ, a civil servant is granted annual leave while retaining the civil service position being filled and salary. The above laws provide that an employee's annual leave consists of basic paid leave and additional paid leave.
The duration of basic leave depends on the position. So, in accordance with paragraphs 3, 4 of Art. 46 of Federal Law No. 79-FZ, civil servants holding senior and main positions in the civil service are granted annual basic paid leave of 35 calendar days, and employees filling civil service positions in other groups are granted 30 calendar days.
Based on Art. 21 of Federal Law No. 25-FZ, a municipal employee is granted basic annual leave of 30 calendar days. At the same time, the said law states that for persons holding positions in certain groups of municipal service positions, annual basic paid leave of longer duration may be established by the laws of the constituent entities of the Russian Federation.
For example, the Law of the Nizhny Novgorod Region dated August 30, 2007 No. 99-Z “On Municipal Service in the Nizhny Novgorod Region” states that municipal employees holding senior positions in the municipal service are granted annual basic paid leave of 35 calendar days. A similar provision is contained in the Law of St. Petersburg dated February 15, 2000 No. 53-8 “On the regulation of certain issues of municipal service in St. Petersburg.”
Let us note that, in addition to the right to basic paid leave, a state (municipal) employee has the right to additional leaves:
- annual additional leave for long service;
- annual additional paid leave in connection with difficult, harmful and (or) dangerous conditions of the civil service, including in connection with service in areas with special climatic conditions;
- annual additional paid leave for irregular working days.
Most often, an employer is faced with the provision of leave for long service, so we will dwell in more detail on this type of leave. In accordance with paragraph 5 of Art. 46 of Federal Law No. 79-FZ, the duration of annual additional paid leave for long service for a civil servant is calculated at the following rate: one calendar day for each year of civil service.
When calculating the total duration of annual paid leave, the annual basic paid leave is summed up with the annual additional paid leave for long service. At the same time, the total duration of the annual basic paid leave and annual additional paid leave for length of service for civil servants holding senior and main positions in the civil service cannot exceed 45 calendar days, and for civil servants filling positions in the civil service of other groups - 40 calendar days. days.
As for the duration of additional leave for length of service provided to municipal employees, by virtue of clause 4 of Art. 21 of Federal Law No. 25-FZ, their duration, established by federal laws and laws of a constituent entity of the Russian Federation, cannot be more than 15 calendar days.
We draw the attention of readers that annual paid leave must be provided to the employee annually in accordance with the vacation schedule approved by the employer's representative. When drawing up the schedule, Art. 123 of the Labor Code of the Russian Federation, which requires employers to provide annual paid leave to a category of workers determined by the legislator at a time convenient for them - for example, women with two or more children under the age of 12 years (clause “b” of paragraph.
3 Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated January 22, 1981 No. 235). As noted in the Appeal ruling of the Magadan Regional Court dated July 2, 2014 in case No. 2-1729/2014, 33-533/2014, the employer’s representative does not have the right to refuse to provide an annual paid salary to a female civil servant with two children under the age of 12. vacation at a time convenient for her.
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