How many days does civil servants have a vacation in Russia - the duration of the main and additional parts for length of service

Additional leave for civil servants

The most important nuance associated with the provision of additional vacation days is the possibility of using them only if the employee has the right to another vacation in the current year.

Russian civil servants have a social guarantee in the form of both paid and unpaid additional leave. In this case, vacations that are not subject to pay are issued on the basis of applications from employees in case of a valid reason. The presence of such reasons is determined by employers, but traditionally they include:

• spa treatment;
• performance of public duties;
• family circumstances;
• presence of grounds provided for in Part 2 of Article 128 of the Labor Code of the Russian Federation.

In addition to the basic paid leave granted annually, civil servants enjoy the right to additional paid leave. Thus, by virtue of Article 116 of the Labor Code of the Russian Federation, there is an obligation to provide additional paid leave for the following categories of employees:

• those employed in jobs characterized by hazardous working conditions;
• having a special nature of work activity;
• working in the Far North and equivalent areas.

In particular, Article 321 of the Labor Code of the Russian Federation stipulates that employees working in the Far North are additionally provided with paid leave. Their duration is: 24 days (for the Far North), 16 days (for regions equivalent to the Far North). At the same time, Article 14 of Law No. 4520-1 of the year regulates that additional paid leave of 8 days is established for specialists working in other regions of the North. Article 2 of the same law defines a list of regions of the Far North and areas equivalent to them, which should be used when implementing the mechanism of compensation and guarantees.

Minimum duration for civil servants according to the Labor Code of the Russian Federation

The Labor Code contains Article 46, which fully regulates the issue of the duration of annual main and additional leave for civil servants.

Important! In accordance with Article 46 of Federal Law No. 79-FZ, the minimum number of vacation days for a civil servant is 30.

This period is measured in calendar days and includes all weekends, excluding holidays.

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For the entire 30 days, the civil servant retains his job, position and is paid a salary.

The work of a civil servant may be accompanied by harmful, dangerous conditions, and may also be of an irregular nature. These factors allow you to add additional days to the existing minimum duration:

1. For harmfulness and danger, 7 days of paid leave are added per year, and they cannot be replaced by monetary compensation, even if both parties agree, as stipulated in Article 117 of the Labor Code of the Russian Federation.
2. For an irregular working day, a state civil employee can receive 3 additional days of rest.

If an employee works in the Far North or in equivalent areas, then vacation time is provided for this factor in accordance with Article 321 of the Labor Code of the Russian Federation, as well as Article 14 of Law of the Russian Federation No. 4520-1 as amended. from:

• 24 - when working directly in the RKS;
• 18 - when working in areas equivalent to RKS;
• 8 - if the place of work is located in a northern area, where a regional coefficient and a salary bonus for northern conditions are established.

Days over 28 can be replaced with a cash payment; everyone must take the minimum amount of time off. In some cases, it is possible to postpone the vacation to another date.

For length of service

Article 46 of Law 79-FZ also provides for the opportunity to receive additional annual leave for length of service. How many days a civil servant can receive depends on his length of service.

Depending on the length of service in the municipal civil service, the duration of rest may be:

The specified number of additional days complements the main part of the annual vacation time of 30 days.

Other categories of workers can also count on increased rest periods, for example:

• medical specialists, doctors;
• teachers;
• teachers.

Types of vacations for municipal employees. Calculation of the amount of vacation pay

Article 21 of Law 25-FZ is devoted to vacations for municipal employees. In total, the following types of leave are distinguished:

• Annual: main and additional
• Additional: for irregular work, the presence of harmful factors, work in the Far North and similar territories
• Without saving payment

Each of these vacations is granted in calendar days. Let us briefly consider each type of vacation in the table.

It should also be noted here that all payments that will be recognized as income are reflected in Resolution No. 562 of 09/06/2007.

The specificity of the calculation is that bonuses for special assignments and financial assistance are taken into account in the amount of 1/12 of their total amount. In general, the calculation scheme coincides with how vacation pay is calculated for employees of a commercial organization .

Let us give a practical example of calculating vacation payments to an employee.

Municipal employee Petrov goes on vacation from June 1, 2020 for 15 days. His monthly salary is 20,000 rubles, monthly payment is 5,000 rubles. Over the past year, the employee received 10,000 rubles as a bonus and financial assistance in the amount of 3,000 rubles.

First, we find the average earnings, and we take the bonus and financial assistance for the last year at the rate of 1/12:

20000 + 5000 + (10000 + 3000) / 12 = 26083.33 rubles

The amount of vacation pay will be: (26083.33 / 29.3) * 15 = 13353.24 rubles

Below we will take a closer look at long-service leave.

Procedure for granting leave to civil servants

The procedure for granting leave is the same. At the end of the year, each department draws up and approves a general vacation schedule for employees, in accordance with which the rest period begins.

• The employee is notified in writing two weeks in advance of the approaching time of rest.
• Of the allotted 30 or more days, the employee is required to use 28, and for the remaining time he will receive compensation payments or take additional days.
• Often vacation is given for only two weeks. Such a management decision is not prohibited by law, and has long become an unspoken rule and specificity of the rest periods of civil servants.

Adjustments to the schedule at the request of employees are also acceptable. Thus, management must accommodate the employee if he expresses a desire to take leave during the period of his wife’s maternity leave.

Basic leave for civil servants: how many days are due and what is the procedure for providing

The procedure for granting leaves to civil servants is regulated by the Law “On State Civil...” dated No. 79-FZ. The provisions of the law “On Amendments to Articles 45 and 46 of the Federal Law “On the State Civil Service of the Russian Federation in terms of streamlining the duration of vacations in the state civil service”” dated No. 176-FZ came into force. The procedure for calculating the duration of leave for all persons holding civilian positions has been unified.

Unlike the previous gradation of the duration of rest time depending on the category of the employee’s position, Part 3 of Art. 46 of Law No. 79-FZ establishes a different rule for determining how many vacation days civil servants have.

The duration of the annual basic paid leave in the civil service is currently 30 days, calculated calendar.

The leave of civil servants is based on the following rules established by Art. 46 of Law No. 79-FZ:

• must be provided annually;
• its period is determined on the basis of the vacation schedule, which is approved no later than 2 weeks before the start of the year in which the vacation should be provided;
• leave can be granted in parts, but at least one of them cannot be shorter than 2 calendar weeks;
• the employee must use at least 28 days in one year;
• In case of urgent need, part of the vacation exceeding 28 days can be transferred to the next year, in which it must be used without fail.

At the request of the employee and with the consent of the employer, vacation days over 28 can not be taken, but can receive monetary compensation for them.

How many days of additional leave are required for municipal employees - duration according to law

The term “municipal employee” does not have a precise formulation. The work of employees (judicial, executive and municipal government proceedings) is associated with solving the strategic tasks of the state.

In 2020, there were changes regarding the provision of leave to municipal employees. The amendments are associated with economic factors - an increase in the budget deficit. It was supposed to solve the problem in the short term by reducing expenses (reducing the number of vacation days due).

The article describes typical situations. To solve your problem , write to our consultant or call for free:

Financial assistance and one-time payment for vacation

In the material allowance of a civil servant, in accordance with Part 2 of Art. 50 of Law No. 79-FZ, in addition to the salary, additional payments are included. Among other things, clause 6, part 5 of this provision provides for such payments as:

1. A one-time payment that an employee can receive when going on annual leave.
2. Material aid.

Additional payments are included in the remuneration system for civil servants and are paid from the general wage fund.

Based on the name of the additional payments, a lump sum payment is made before the vacation along with vacation pay. Financial assistance for civil servants on vacation is provided at the discretion of the employer.

From the point of view of the law, payment of financial aid can be carried out in fractions (monthly, quarterly or at other intervals).

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In Part 11 of Art. 46 of Law No. 79-FZ establishes the size of a one-time payment for federal employees - two salaries. In relation to civil servants of the constituent entities of the Russian Federation, by virtue of Part 12 of this norm, its size is established by regional legislation. The act of a constituent entity of the Russian Federation, among other things, determines how a lump sum payment for vacation is made to civil servants of this region: size, timing, procedure.

Calculation and payment of vacation pay to civil servants

Calculation of vacation payments for civil servants is carried out on the basis of Decree of the Government of the Russian Federation No. 562 of the year, as well as Article 50 of Law No. 79-FZ of the year. For paid holidays, salary calculation is carried out taking into account:

• monthly salary calculated in accordance with the position being filled;
• salary established based on service class;
• additional payments.

In turn, the formation of additional payments is carried out taking into account the allowances that are due:

• for length of service;
• for special conditions in the workplace;
• for working with documentation that includes state secrets;
• as the previous month's bonus;
• as a bonus for completing difficult tasks this month;
• as financial assistance from the payroll;
• as a lump sum payment calculated for the annual vacation period.

According to Article 50 of Law No. 79-FZ of this year, payment of all accrued funds is carried out in a single amount (monetary reward). By virtue of clause 10 of Article 46 of Law No. 79-FZ of the year, payment of vacation pay due to civil servants is made no less than 10 days before the employee goes on vacation. If facts of violation of this requirement are revealed based on the results of an inspection by the labor inspectorate, the employing organization may be brought to administrative liability on the basis of Article of the Code of Administrative Offenses of the Russian Federation.

At the same time, the terms of payment of vacation pay to employees who are sent on vacation urgently (outside the approved schedule) are not defined by law. To exclude a violation in this case, such a specialist is often offered to take leave without pay for a 10-day period, after which annual leave is issued in the general manner.

Calculation of vacation pay: example

Before the start of vacation, all employees must be given vacation pay. For ordinary employees, payment must be made no later than 3 working days before the start of the vacation. For civil servants, the law provides for other requirements:

Vacation pay must be issued 10 days before the start of the vacation.

In addition, the algorithm for calculating vacation pay also differs. In addition to monetary remuneration for the main leave, the calculation takes into account financial assistance and bonuses. But these allowances are not taken into account in full, but only 1/12 of the amount. The procedure for calculating payments for the main vacation is carried out on a general basis, that is, based on the average annual payment.

For example, Petrov P.A. works in the civil service. He is entitled to annual leave, the duration of which is 14 days. The following amounts were accrued to this employee:

• salary 16 thousand rubles;
• additional part of 3 thousand rubles;
• incentive part - 5 thousand rubles;
• bonuses - 20 thousand rubles (for the whole year);
• financial assistance - 4 thousand rubles.

(20000+4000)/12+16000+5000+3000=26000 rubles. 26000/29.3X14 days = 12423.12 rubles.

So, for 14 vacation days, P. A. Petrov will receive 12,423.21 rubles.

Number of vacation days

The provisions of the regulations on labor holidays for municipal employees provide separate rules for determining the number of days that can be provided to officials for rest. Such standards differ from the general standards prescribed in the Labor Code of the Russian Federation.

Previously, employees applied for leave of about thirty-two days minimum; at the moment, this figure has been reduced to thirty days. These changes are effective from 2019.

Vacation for municipal employees, how many days are provided for whom, how they are counted - all this is determined by special regulations.

Speaking about exact numbers reflecting the number of days of rest, the following options should be considered:

1. Length of service. Here it is necessary to establish the number of years of service in order to determine the length of vacation for employees. If the working period is up to five years, then the additional rest time will be one day, if up to ten years, then five days, up to ten years - seven days, and more than fifteen years - ten days. In this case, work experience only in municipal or public service positions is taken into account; time worked in other industries is not taken into account to obtain this leave option.
2. Irregular schedule. In this situation, it is assumed that the civil servant works in excess of the established norm within one working day by order of management. This regime allows for the provision of annual additional rest time, which can be no more than three days.
3. Work in the Far North or nearby areas. When an employee works directly in a designated area, he receives twenty-four days of additional rest annually. If these are territories equated to the Northern regions, then sixteen days, and when working in other regions of the North that are not recognized as extreme, eight days.

In Russia over the past few years, these time periods have not undergone significant changes.

The specified number of days is added to the main days of paid leave, without excluding those. Moreover, these rules apply even in the case when the main rest period of civil servants reaches forty-one days due to special working conditions.

The main thing to remember is to confirm the right to annual leave, without which additional rest time will not be realized, even if the possibility of this is actually established.

In what cases should you count on additional days of rest?

Additional vacation days may be provided to an employee for the following reasons:

1. for irregular working hours;
2. when working in the Far North and similar areas;
3. service under special conditions;
4. length of service in this position.

For work without a standardized schedule, at least 3 days of additional rest per year are provided. Working in particularly dangerous conditions gives the right to use at least 7 days in addition to the main leave.

Previously, rest for length of service was provided on the basis of the following calculation - 1 day for each year of service. From 2020, the calculation looks like this in the table:

For work in the Far North, a government employee is entitled to 24 days of rest, in addition to the main vacation, and paid travel. And for work equivalent to similar work, 16 additional days are provided.

When calculating rest days for the state, the sum of the days of main leave and additional (for length of service) cannot be more than 45 days.

Additional days for long service

Longevity is understood as continuous work experience, which provides for the use of special benefits, guarantees and increases based on the number of years of work. As for additional leave, the provision of which is determined by length of service, it is regulated both by the norms of the Labor Code (Article 117 of the Labor Code of the Russian Federation) and by highly specialized departmental legislation.

Currently, the following algorithm is in place for granting such leaves, taking into account the length of service in the civil service:

• 1-5 years – 1 day;
• 5-10 years – 5 days;
• 10-15 years – 7 days;
• over 15 years – 10 days.

The procedure for calculating the number of days of additional leave in force in 2020 involves using the employee’s length of service in the public service. Years of work in other industries are not accepted for credit.

Legislation on leave of state civil servants

As follows from the content of the changes made to the text of Federal Law No. 79-FZ, the provisions regulating the procedure for granting civil servants paid annual leave (main as well as additional) have now been clarified. By virtue of clause 5 of Article 5 of Federal Law No. 25-FZ of the year, the key conditions for remuneration for work and social guarantees for municipal and government employees have been balanced.

According to the introduced legislative norms, in 2020, civil servants, in addition to the main annual leave, are provided with additional leaves due to:

• length of service (clause 5 of Article 46 of Law No. 79-FZ dated);
• the presence of irregular working hours (part 4 of article 45 of Law No. 79-FZ dated);
• work in harmful and dangerous conditions (clause 7 of article 46 of Law No. 79-FZ dated);
• work in the Far North/equalized areas (clause 7, article 46 of Law No. 79-FZ dated).

The total duration of vacation for each employee should be recalculated annually, since the number of vacation days is subject to change (in particular, due to changes in the length of service in the civil service).

Reduction of vacation for civil servants in 2016

If you carefully study the presented new version of the bill, experts and specialists have made one general conclusion. First of all, the number of vacation days for each civil servant directly depends on three very important factors and indicators. This:

1.Current position.

2.Irregular work schedule.

3. Total length of service.

The application for leave must be accompanied by a document confirming that the person is successfully studying and the educational institution has state accreditation (letter from the Ministry of Health and Social Development dated 19.

All employees working under an employment agreement (contract) are granted the right to long rest, called vacation, by the legislation of the Russian Federation.

General provisions

Labor legislation provides for such a thing as annual leave, which the employer is obliged to pay to each employee who has worked for a specified period of time. However, for certain categories of citizens, such a privilege as additional time for rest due to special circumstances is provided. This group of employees will include civil servants.

Additional leave is provided to municipal employees for long service, irregular working hours and work in dangerous and difficult conditions.

The main rule that must be taken into account when implementing a vacation for a municipal employee is the availability of the right to annual paid rest. That is, if the free time of a civil servant, while maintaining his salary, has already been used or is not expected at all in the case of a specific person, then there will be no possibility of additional rest being calculated.

In addition, labor legislation, as well as the Federal Law establishing the procedure for municipal and public service, assumes that additional leave can be either paid or unpaid. In the latter case, valid reasons will be required to grant rest time.

These include the following:

• treatment in resort conditions;
• the need to perform public duties;
• family circumstances.

Also, other grounds are provided for according to the general rules enshrined in the Labor Code of the Russian Federation in Article 128.

When it comes to officials, it should be remembered that for 2019 an exhaustive list of such persons is being determined who will be able to apply not just for additional leave, but also for payment for it. This includes civil servants engaged in work that involves being in dangerous, special conditions of work or requires being in the territory of the Far North.

It should also be understood that due to the various grounds for granting additional leave, different conditions for its implementation will also apply. In particular, we are talking about compensation and calculation of payment, as well as the number of days of rest provided.

We recommend you study! Follow the link: How many months after hiring is leave due under the Labor Code?

Accordingly, excellent working conditions will be established even among a privileged category of workers.

Is unpaid leave provided?

A period of rest without pay is provided to a civil servant upon his personal application, for personal reasons. Current legislation (Clause 15, Article 46 No. 79-FZ) indicates the possibility of taking leave for a period of no more than 12 months.

Such a request from the applicant must contain the facts of the need that has arisen, and the employer, in turn, provides guarantees to preserve the employee’s job.

There are preferential categories of employees who have the right to unpaid leave, which the employer has no right to refuse. Also, the occurrence of personal circumstances requires taking leave without pay for up to 5 days:

• wedding;
• birth of a child;
• death of a close relative.

Other issues not regulated by the Labor Code are resolved by mutual agreement of the parties. If the request of a civil servant is at odds with the interests of the employer, the manager may refuse to grant the vacation or postpone it to another period.

Duration for years of service

In government agencies, length of service is a mandatory indicator. It shows the amount of accumulated experience with the government structure. The severance of labor relations resets the length of service unless it is associated with a transfer from one state enterprise to another.

In accordance with the length of service, municipal employees are entitled to a rest period of:

• 1 day - service lasted from 1 to 5 years;
• 5 days - continuous experience is 5-10 years;
• 10 days - employee’s work experience is more than 15 years.

The changes of the year also affected additional leave for long service; it decreased from 15 days to 10. Civil servants who did not have time to take advantage of the rest or part of it can take it before the end of 2020.

Duration for irregular working hours

The Labor Code limits the rights of citizens to work. The norm is set in hours - 40 per week, that is, an 8-hour working day. It is not prohibited to work beyond the established limit, but all work must be paid.

The work schedule of a civil servant is a five-day week with an 8-hour working day. But some positions require long hours. It follows from this that a civil servant can be involved in the performance of his labor duties after the end of his working day.

The duration of leave for irregular work is clearly defined by law - 3 days. Previously, it could not be less than 3 days; municipal acts established a longer period. The legislator excluded this provision and brought it into compliance with the regulations on the state civil service.

In addition, for work in harmful and dangerous working conditions, employees are provided with additional rest of 7 days, for work in the Far North - 24 days.

Long service holiday. Other types of vacation in addition to the main vacation

In addition to the main one, civil servants are guaranteed additional types of leave established by the Part. 5–7 tbsp. 46 of Law No. 79-FZ:

• for length of service;
• irregular work schedule;
• due to difficult or dangerous working conditions;
• in connection with service in areas with special climatic conditions.

Long service leave for civil servants in 2020 lasting from 1 to 10 calendar days is granted depending on length of service:

1. An additional day of vacation is added if you have at least 1 year of experience.
2. For service from 5 to 10 years, an employee has the right to an additional 5 calendar days.
3. An additional calendar week is provided for 10 to 15 years of experience.
4. When working for 15 years or more, you are entitled to a maximum additional leave of 10 days.

This type of additional vacation is added to the main one; all others are provided in addition to annual leave.

So, you can additionally get 3 days for an irregular day. Art. 117 of the Labor Code of the Russian Federation establishes the minimum duration of additional leave when performing a labor function in harmful and dangerous conditions - 7 days (for more details, see the article “Additional leave for harmful working conditions”).

Carrying out service in the regions of the Far North on the basis of Art. 321 TC allows you to get an additional 24 calendar days of vacation. If the region is only equated to the regions of the Far North, such leave is reduced to 16 days.

Calculation of the total duration of vacation

Speaking about the calculation and procedure for granting annual leave, we note that, according to Art.
73 of Law No. 79-FZ, issues not regulated by this law are regulated by labor legislation and other acts containing labor law norms. In this regard, let us immediately turn to Art. 120 of the Labor Code of the Russian Federation, according to which, when calculating the total duration of annual paid leave, additional paid leaves are summed up with the annual main paid leave.

Leave for civil servants is calculated in the same way, however, in the current version of Art. 46 of Law No. 79-FZ establishes some restrictions, in particular when summing up basic leave with leave for long service.

According to Part 6 of Art. 46, when calculating the total duration of annual paid leave, the main leave is summed up with additional leave for length of service. But at the same time, for persons filling the highest and main positions of the civil service, it cannot exceed 45 calendar days, and for people filling positions of other groups - 40 calendar days.