The Constitutional Court understood the right of police officers to additional leave upon dismissal due to illness


When and what kind of leave is due to an employee of the Ministry of Internal Affairs?

Police service is associated with a lot of stress of a psycho-emotional and physical nature, so rest is important for the effective work of law enforcement officers.
The provision algorithm is regulated by a number of regulations of the Russian Federation, the main ones:

  • Labor Code of the Russian Federation;
  • Federal Law No. 342-FZ dated November 30, 2011, regulating issues of service in authorities;
  • Federal Law No. 247-FZ dated July 19, 2011, concerning social guarantees for employees.

To understand how to calculate leave for a police officer, you should take into account that its types are defined in Part 1 of Art. 56 of Law No. 342-FZ. These are the following types:

  1. Basic.
  2. Additional.
  3. Other.

Other types of vacations

An ordinary person, when personal reasons arise, takes several days at his own expense. But the police provide the opportunity to go on paid leave for personal reasons. Its duration is limited to 10 days, although it can be provided an unlimited number of times during the year. But to obtain it you need special reasons. This list includes:

  1. death or serious illness of a close relative (their list is strictly defined);
  2. natural disaster affecting the employee or his family members;
  3. the need to undergo psychological rehabilitation.

Other circumstances are also possible - decisions are made based on employee reports. Moreover, during the vacation period, departure to the desired location is not taken into account.

Another type of leave is leave for a police officer upon retirement. The legislation reserves for such a person the right to use the days he has not taken off before leaving for a well-deserved rest. It is also possible to receive monetary compensation. Here everything will depend on the desires of the person himself. If it is more profitable for him to delay his retirement, then it is better to wait until he is fired. True, in practice, from a financial point of view, it is usually more profitable to quit, get paid and start receiving a pension. When you take your legally required vacation, you will have to postpone receiving your pension.

Rules for basic leave in the Ministry of Internal Affairs

The main rest period in the police lasts 30 calendar days. If the service takes place in the Far North and equivalent areas, in other regions with a harsh climate, in remote constituent entities of the Russian Federation (Government Decree No. 48 of January 23, 2001), extended vacations of 45 days are provided for employees of internal affairs bodies.

Provided every year. If the employee did not use it according to the established schedule, it is provided at another suitable time until the end of the current year or throughout the next. If the service takes place in the Far North, in other regions with difficult conditions, it is possible to, at your own request, combine the required days of rest for 2 years.

The law defines a special algorithm for how vacation is counted in the Ministry of Internal Affairs: during the counting period, the number of days does not include (no more than 10) weekends and non-working holidays. The period is divided into parts, provided that one of them consists of at least 14 days.

The right to rest for employees of the Ministry of Internal Affairs

Service in the Ministry of Internal Affairs is regulated by Federal Law No. 342-FZ, issued on November 30, 2011. This document regulates all the main issues of labor relations between employees and the employer, but does not abolish the Labor Code of the Russian Federation. Answers to questions that are not covered in Federal Law No. 342 should be sought in the Labor Code of the Russian Federation.

As for vacations, they are issued on the basis of:

  1. Article 56 of Federal Law No. 342.
  2. Article 260 of the Labor Code of the Russian Federation.

Police officers have the right to take an annual break from duty, receiving payments during the leave provided and retaining their position. The expanded range of vacation periods and their longer duration are associated with the difficulties that accompany work in the authorities. For the most part, employees of the Ministry of Internal Affairs have the same guarantees as other working persons, but in some aspects they are endowed with more extensive rights.

Rules for additional leave in the Ministry of Internal Affairs

Additional types are defined by Art. 57 Federal Law No. 342. These include additional leave from the Ministry of Internal Affairs, which is provided for:

  • experience;
  • harmful conditions;
  • special conditions;
  • irregular working hours.

In addition, exemption from service is provided for undergoing medical and psychological rehabilitation (Part 11, Article 11 of Federal Law No. 247).

Type of additional restDuration (in calendar days)Additional terms
For experience5 with experience from 10 to 15 yearsIf not used in the current year, additional leave for length of service in the Ministry of Internal Affairs is provided at a convenient time in the next year.
10 with experience from 15 to 20 years
15 with over 20 years of experience
For harmful conditionsNot less than 10The procedure is determined by order of the Ministry of Internal Affairs No. 50 dated February 1, 2018.
For special conditionsNo more than 10
For an irregular dayFrom 3 to 10
For rehabilitation14/21/30 daysThe procedure is determined by order of the Ministry of Internal Affairs No. 5 dated January 10, 2012.
For personal reasonsTo 10Article 61 of Federal Law No. 342 regulates leave for family reasons for employees of the Ministry of Internal Affairs, the procedure and conditions for its provision.


Legislation on the procedure for granting leaves to employees of the Ministry of Internal Affairs and the police

The procedure for granting leave to employees of the Ministry of Internal Affairs and the police is regulated by:

  • Chapter 8 “Working time and rest time of an employee of internal affairs bodies” of the Federal Law of November 30, 2011 No. 342-FZ (as amended on January 1, 2021) “On service in internal affairs bodies”:
  • Article 56 “Leaves in service in internal affairs bodies”,
  • Article 57 “Main leave”,

  • Article 58 “Additional leaves”,
  • Article 59 “Extension of main leave or additional leave”,
  • Article 60 “Holiday leave”,
  • Article 61 “Leave for personal reasons”,
  • Article 62 “Leave upon graduation from an educational organization of higher education of the federal executive body in the field of internal affairs”,
  • Article 63 “Other types of leaves”,
  • Article 64 “Recall of an internal affairs officer from vacation”;
  • Section XIV “Providing certain types of leave” of Appendix No. 1 to Order of the Ministry of Internal Affairs of Russia dated 02/01/2018 No. 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation.”
  • Types of leave for employees of the Ministry of Internal Affairs and the police

    Employees of internal affairs bodies (Ministry of Internal Affairs and Police) are provided with the following types of leave with continued pay:

    • main leave;
    • additional holidays;
    • vacation leave;
    • leave for personal reasons;
    • leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia;
    • other types of leaves for employees of the Ministry of Internal Affairs and the police if their payment is provided for by the legislation of the Russian Federation.

    Basic and additional leaves for employees of the Ministry of Internal Affairs (police) are granted annually starting from the year of entry into service in the internal affairs bodies.

    The duration of leave for employees of the Ministry of Internal Affairs (police) in the year of entry into service in the internal affairs bodies is determined:

    • by multiplying 1/12 of the main and additional leave by the number of full months that have passed from the start of service in the internal affairs bodies to the end of the current calendar year;
    • vacation lasting less than 10 calendar days is added to the main vacation for the next calendar year.

    Basic leave for employees of the Ministry of Internal Affairs (police) for the second and subsequent years of service in internal affairs bodies is granted:

    • at any time during the year in accordance with the vacation schedule approved by the manager;
    • in this case, additional leaves are summed up and can be provided simultaneously with the main leave or separately from it at the request of the employee;
    • the total duration of continuous vacation should not exceed 60 calendar days (excluding travel time to and from the vacation location);
    • This duration of continuous leave does not apply to an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones.

    The duration of leave for employees of the Ministry of Internal Affairs (police) in the year of the end of parental leave until the child reaches the age of 3 years is determined:

    • by multiplying 1/12 of the main and additional leave by the number of full months that have passed from the end of parental leave to the end of the current year;
    • vacation lasting less than 10 calendar days is added to the main vacation for the next calendar year.

    Basic leave for an employee of the Ministry of Internal Affairs (police), leave for personal reasons, leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia and leave granted to an employee of the internal affairs bodies in the year of joining the service in the internal affairs bodies for a duration of 10 calendar days or more:

    • increase by the number of calendar days required to travel to the vacation destination and back, taking into account the type of transport, but not less than 1 day one way;
    • an employee who is given the days necessary to travel to the place of vacation and back, at the end of the vacation, submits documents confirming the time spent on travel;
    • a list of documents confirming the time spent traveling to the place of vacation and back, and the procedure for their submission are established by the Ministry of Internal Affairs of Russia.

    In exceptional cases, due to official necessity:

    • The scheduled period for granting leave may, by agreement with the employee, be postponed by order of the relevant manager.

    Part of the main leave of an employee of the Ministry of Internal Affairs (police), exceeding 30 calendar days:

    • may, at his request, be replaced by monetary compensation in the manner established by the Ministry of Internal Affairs of Russia;
    • For an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, as well as in hazardous conditions, replacement of part of the leave with monetary compensation, as a rule, is not allowed, except in the case of dismissal from service in internal affairs bodies.

    Article 56 “Leaves in service in internal affairs bodies” of Federal Law No. 342-FZ “On service in internal affairs bodies”

    Providing employees of the Ministry of Internal Affairs (police) with basic leave

    The grounds for granting employees of the Ministry of Internal Affairs (police) basic leave are:

    • vacation schedule and
    • employee’s report, which indicates the location of the vacation and the type of transport that is planned to travel to the place of vacation.

    Employees of the Ministry of Internal Affairs (police) are annually granted basic leave:

    • lasting 30 calendar days ,
    • and for an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones - 45 calendar days .

    When determining the duration of the main vacation, weekends and non-working holidays (but not more than 10 days) falling during the vacation period are not included in the number of calendar days of vacation.

    For an employee of the Ministry of Internal Affairs (police) who has not exercised his right to basic leave within the period specified in the vacation schedule:

    • leave must be granted at a time convenient for him before the end of the current year
    • or within the next year.

    An employee of the Ministry of Internal Affairs (police), at his request, is allowed to:

    • divide the main vacation into 2 parts , provided that one of the parts of this vacation is at least 14 calendar days;
    • In this case, travel time to the vacation spot and back is provided once.

    For an employee of the Ministry of Internal Affairs (police) serving in the regions of the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones:

    • main vacations for 2 years can be combined at his request.

    Providing employees of the Ministry of Internal Affairs (police) with additional leaves

    Employees of the Ministry of Internal Affairs (police) may be granted the following types of additional leave:

    • leave for length of service in internal affairs bodies;
    • leave for performing official duties in hazardous conditions;
    • leave for performing official duties under special conditions;
    • leave for irregular working hours.

    Additional leave for length of service in internal affairs bodies:

    • provided to employees of the Ministry of Internal Affairs (police) in calendar terms based on:
    Length of serviceAdditional leave for employees of the Ministry of Internal Affairs (police) for length of service in internal affairs bodies
    from 10 to 15 years of service5 calendar days
    from 15 to 20 years of service10 calendar days
    more than 20 years of service15 calendar days

    If an employee of the Ministry of Internal Affairs (police) has not exercised the right to additional leave for length of service in the current calendar year:

    • then this leave must be provided to the employee at a time convenient for him during the next calendar year.

    An employee of the Ministry of Internal Affairs (police) who has used additional leave for length of service in the internal affairs bodies in the current calendar year and

    • who received the right in the same calendar year to additional leave for longer length of service in the internal affairs bodies,
    • additional days of additional leave are provided for length of service in internal affairs bodies at the request of the employee in the current or next calendar year.

    Additional leave for an employee of the Ministry of Internal Affairs (police) for performing official duties in harmful conditions:

    • is provided in accordance with Appendix No. 47 “List (list) of positions in the internal affairs bodies of the Russian Federation for which additional leave is granted for performing official duties in harmful conditions” to the Procedure for organizing service in the internal affairs bodies of the Russian Federation, approved. Order of the Ministry of Internal Affairs of Russia dated February 1, 2021 No. 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation”;
    • an employee who has the right to additional leave for performing official duties in harmful conditions for various reasons, the specified leave is granted for one of the reasons at the request of the employee;
    • for an employee holding a position specified in the List of Positions for which additional leave is granted for performing official duties in hazardous conditions, additional leave for performing official duties in hazardous conditions is granted annually simultaneously with the main leave or separately from it at the request of the employee based on his report;
    • the duration of additional leave for performing official duties in harmful conditions, granted to an employee in the year of appointment to the position specified in the List of positions for which additional leave is granted for performing official duties in harmful conditions, is determined by multiplying one twelfth of the additional leave by the number of full months, those who have passed from the beginning of service in the internal affairs bodies (from appointment to the position) to the end of the current calendar year;
    • an employee transferred to a position for which a different duration of additional leave for performing official duties in harmful conditions is established than for the previously filled position is granted additional leave for performing official duties in harmful conditions for the new position being replaced, provided that he has not exercised the right for the specified leave for the previously filled position;
    • an employee who has not exercised the right to additional leave for performing official duties in harmful conditions before the end of the current calendar year, the specified leave is granted during the next calendar year at a time convenient for the employee.

    Additional leave for performing official duties under special conditions:

    • provided to employees of the Ministry of Internal Affairs (police) for performing official duties during martial law or a state of emergency, during a counter-terrorism operation, in conditions of armed conflict, during liquidation of the consequences of accidents, natural and man-made disasters and other emergency situations;
    • provided at the request of the employee directly after performing official duties under special conditions, simultaneously with the main leave or separately from it at a time convenient for him before the end of the current year or during the next year;
    • the number of calendar days of additional leave for performing official duties in special conditions, no more than 10 calendar days, is established based on the duration of performing official duties in special conditions and is:
    Duration of performance of official duties by an employee of the Ministry of Internal Affairs (police) in special conditionsAdditional leave for performing official duties under special conditions
    up to 30 days inclusive3 calendar days
    from 31 days to 60 days inclusive5 calendar days
    from 61 days to 90 days inclusive6 calendar days
    from 91 days to 120 days inclusive7 calendar days
    from 121 days to 150 days inclusive8 calendar days
    from 151 days to 180 days inclusive9 calendar days
    over 180 days10 calendar days

    Additional leave for employees of the Ministry of Internal Affairs (police) for an irregular working day:

    • is provided to employees annually in accordance with the vacation schedule simultaneously with the main vacation or separately from it at the request of the employee based on his report,
    • lasting no less than 3 and no more than 10 calendar days in the manner established by Appendix No. 46 “List of positions in the internal affairs bodies of the Russian Federation, when filling which employees of the internal affairs bodies of the Russian Federation may be assigned an irregular working day” to the Procedure for organizing service in the internal affairs bodies of the Russian Federation , approved Order of the Ministry of Internal Affairs of Russia dated February 1, 2021 No. 50 “On approval of the Procedure for organizing service in the internal affairs bodies of the Russian Federation.”

    The duration of additional leave for employees of the Ministry of Internal Affairs (police) for an irregular working day is established:

    Position of an employee of the Ministry of Internal Affairs (police)Duration of additional leave for employees of the Ministry of Internal Affairs (police) for an irregular working day
    Employees filling the positions of managers (supervisors) from among the positions of senior management10 calendar days
    Employees filling the positions of managers (supervisors) from among the positions of senior management personnel9 calendar days
    Employees filling positions, ordinary and commanding personnel, specified in the List of positions in the internal affairs bodies of the Russian Federation, when filling which employees of the Ministry of Internal Affairs (police) may be assigned an irregular working day7 calendar days For these employees, an irregular working day may be established by order of the Minister, head (chief) of an agency, organization, unit of the Ministry of Internal Affairs of Russia.

    For an employee of the Ministry of Internal Affairs (police) who has not exercised the right to additional leave for an irregular working day within the period specified in the vacation schedule:

    • the specified leave must be granted at a time convenient for him before the end of the current year or during the next year.

    The procedure for extending basic leave or additional leave to employees of the Ministry of Internal Affairs (police)

    This procedure was changed in August 2021 by Federal Law of August 2, 2021 No. 318-FZ.

    The main leave or additional leave granted to an employee of the Ministry of Internal Affairs (police) by decision of the head of the Ministry of Internal Affairs of Russia or an authorized head is extended or postponed to another period determined by the head of the Ministry of Internal Affairs of Russia or an authorized head, in the case of:

    • temporary disability of an employee;
    • the employee performs state duties during vacation, if for this purpose the legislation of the Russian Federation provides for exemption from service (work);
    • in other cases provided for by the legislation of the Russian Federation or by order of the head of the Ministry of Internal Affairs of Russia or an authorized head.

    For personal reasons:

    • in the event of a serious illness or death of a close relative of an employee (spouse), father, mother, father (mother) of a spouse, son (daughter), sibling, fire or other natural disaster that befell the employee or him a close relative, as well as in case of need for psychological rehabilitation of an employee and in other exceptional cases,
    • It is allowed to extend or postpone the main leave or additional leave for a period of no more than 10 calendar days .

    Extension of the main leave or additional leave is carried out:

    • by order of the head of the Ministry of Internal Affairs of Russia or an authorized head
    • upon presentation of documents confirming the existence of grounds for its extension.

    Article 59 “Extension of main leave or additional leave” of Federal Law No. 342-FZ “On service in internal affairs bodies”

    The procedure for granting vacation leave to an employee of the Ministry of Internal Affairs (police)

    For cadets, students, adjuncts studying full-time in educational institutions of higher education of the Ministry of Internal Affairs of Russia:

    • winter holiday leave lasting 14 calendar days and
    • summer vacation of 30 calendar days ,
    • including travel time to and from your holiday destination.

    Article 60 “Vacation Leave” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”

    The procedure for granting an employee of the Ministry of Internal Affairs (police) leave for personal reasons

    Leave for employees of the Ministry of Internal Affairs (police) for personal reasons:

    • lasting no more than 10 calendar days (excluding travel time to the vacation spot and back)
    • provided to an employee of internal affairs bodies by order of the head of the Ministry of Internal Affairs of Russia or an authorized head
    • in the event of a serious illness or death of a close relative of an employee (spouse), father, mother, father (mother) of a spouse, son (daughter), sibling, fire or other natural disaster that befell the employee or him a close relative, as well as in case of need for psychological rehabilitation of an employee and in other exceptional cases.

    The number of leaves for personal reasons during a calendar year is not limited.

    Article 61 “Leave for personal reasons” of Federal Law No. 342-FZ “On service in internal affairs bodies”

    The procedure for granting leave to an employee of the Ministry of Internal Affairs (police) upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia

    Leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia:

    • an employee of internal affairs bodies who studied full-time,
    • provided for a duration of 30 calendar days ,
    • excluding travel time to and from the vacation destination,
    • which is counted towards the main vacation for the current year.

    Leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia:

    • should be used, as a rule, before the arrival of an employee of the Ministry of Internal Affairs (police) to the place of further service in the internal affairs bodies;
    • by decision of the head of the Ministry of Internal Affairs of Russia or an authorized head, leave upon graduation from an educational organization of higher education of the Ministry of Internal Affairs of Russia may be granted to an employee after appointment to a position in the internal affairs bodies.

    Article 62 “Vacation after graduation from an educational organization of higher education of the federal executive body in the field of internal affairs” of Federal Law No. 342-FZ “On Service in the Internal Affairs Bodies”

    The procedure for granting employees of the Ministry of Internal Affairs (police) other types of leave

    An employee of the Ministry of Internal Affairs (police) with 20 years or more of service in internal affairs bodies in calendar terms:

    • in any year of the last 3 years until he reaches the age limit for serving in the internal affairs bodies
    • or in the year of dismissal from service due to health conditions or due to a reduction in position in the internal affairs bodies
    • at his request, leave for personal reasons is granted for a duration of 30 calendar days with the preservation of monetary allowance.

    The specified leave is also granted:

    • an employee serving in the internal affairs bodies after reaching the maximum age for service and
    • who has not used this leave before;
    • the specified leave is granted once during the period of service in the internal affairs bodies.

    For female employees of the Ministry of Internal Affairs (police):

    • in accordance with Article 255 “Maternity leave” of the Labor Code of the Russian Federation
    • maternity leave is provided.

    Employees of the Ministry of Internal Affairs (police) may also be provided with:

    • maternity leave,
    • sabbatical,
    • leave granted in accordance with labor legislation to employees combining work with education,
    • as well as other leaves established by Chapter 19 “Vacations” (Articles 114 - 128) of the Labor Code of the Russian Federation.

    Article 63 “Other types of leave” of Federal Law No. 342-FZ “On service in internal affairs bodies”

    The procedure for recalling employees of the Ministry of Internal Affairs (police) from vacation

    An employee of the Ministry of Internal Affairs (police) may be recalled from leave:

    • with his consent - on the basis of an order from the head of the Ministry of Internal Affairs of Russia or an authorized head in exceptional cases, if the absence of an employee in the service of internal affairs bodies entails the impossibility of proper implementation by the Ministry of Internal Affairs of Russia, its territorial body, or division of the functions established by the legislation of the Russian Federation;
    • without his consent - upon the occurrence of circumstances provided for in Article 35 “Service in internal affairs bodies under special conditions” of Federal Law No. 342-FZ “On service in internal affairs bodies”.

    Unused portion of vacation:

    • must be provided to the employee at a time convenient for him in the current year or during the next year;
    • if the unused part of the vacation is 10 calendar days or more , the employee is paid the cost of travel to and from the vacation destination and is given additional time to travel to and from the vacation destination.

    Article 64 “Recall of an employee of internal affairs bodies from vacation” of Federal Law No. 342-FZ “On service in internal affairs bodies”

    If you have any questions about the violation of your rights, or you find yourself in a difficult life situation, then an online duty lawyer is ready to advise you on this issue for free.

    RIGHT TO SERVICE IN MINISTERAL AFFAIRS BODIES

    How is it provided?

    The provision algorithm is regulated by Order of the Ministry of Internal Affairs No. 50 dated February 1, 2018.

    The grounds are:

    • schedule;
    • report (more details: report on leave of a police officer);
    • manager's order.

    The vacation registration algorithm includes three steps.

    Step 1. The employee draws up a report indicating:

    • the name of the unit in which he serves;
    • Full name of the manager to whom the report will be sent;
    • statement of the request for leave and its terms;
    • indication of the place where you plan to spend your vacation;
    • the type of transport you plan to use to get to your vacation spot.

    Step 2. The document is sent to the manager.

    Step 3. The manager approves the order to grant leave.

    Extension or transfer of any type of vacation occurs on the basis of the decision of the manager (Article 59 of Federal Law No. 342):

    • if an employee is sick;
    • if during the rest period he performs government duties for which exemption from service is established;
    • in other cases determined by law.

    The main or additional one can be extended for no more than 10 days if the circumstances specified in Part 1 of Art. 61 Federal Law No. 342:

    • serious illness/death of a close relative;
    • fire/other natural disaster;
    • need for psychological rehabilitation;
    • other exceptional cases.

    IMPORTANT!
    The manager's order for extension/transfer is issued if supporting documents are available (Part 12, Article 56 of Federal Law No. 342).

    An employee is recalled from vacation:

    1. By agreement of the employee, if in his absence it is impossible to perform functions properly. The basis is the order of the leader.
    2. Without consent, if special circumstances arise (Article 35 of Federal Law No. 342) - a martial law/state of emergency is introduced, an anti-terrorist operation is carried out, emergency liquidation is carried out. Refusal to begin service under the listed conditions is grounds for dismissal.

    Documenting

    No later than 3 days before the start of the vacation, the police officer must write an application (report) for vacation with travel expenses.

    Accompanying documents are attached to the form, management and personnel departments approve the application, and the accounting department calculates the preliminary cost of travel.

    Upon returning from vacation, the employee confirms his expenses depending on the use of transport:

    • personal car - a copy of the driver's license, registration certificate, fuel receipts, certificate of location;
    • train - tickets;
    • plane - boarding pass, tickets.

    The final settlement with the accounting department of the Ministry of Internal Affairs is made after providing evidence of travel costs (additional payment of the missing amount or refund of the advance).

    Situations arise that require early recall of an employee from vacation. Such a procedure is permitted if there is an urgent need and one of the following conditions is met:

    • obtaining personal consent from a police officer;
    • signing of the corresponding order by the head of the Ministry of Internal Affairs.

    How is it paid?

    The legislator has determined an algorithm for how vacation in the Ministry of Internal Affairs is paid: funds are paid based on the amount of salary determined on the date of departure and monthly additional payments. If during the employee’s absence from the workplace the amount of his income has changed, a recalculation is made after the end of the vacation period.

    The employee receives compensation in cash equivalent (clauses 81–84 of Order of the Ministry of Internal Affairs No. 65 of March 31, 2013):

    • if he resigns from the authorities without using the prescribed rest days;
    • in exchange for part of the main period over 30 days (at the employee’s request).

    If an employee serves in the Far North, in equivalent areas, in harmful conditions, compensation is prohibited (except for the option of dismissal from service, part 7 of article 56 of Federal Law No. 342).

    The amount of compensation is calculated by dividing the accrued amount (salary + monthly additional payments) by the average monthly number of calendar days. The latter is established by dividing the number of days in a year by 12. It is possible to pay the cost of an employee’s travel to the place of rest and back (Order of the Ministry of Internal Affairs No. 514 of May 16, 2012).

    Answers to common questions about whether vacation compensation is paid to the Ministry of Internal Affairs

    You can receive compensation for vacation that you could not use only for days in excess of the mandatory 30 days of rest. If a police officer works in the Far North, additional days of vacation cannot be replaced with compensation. In addition to compensation for vacation days directly, the police officer is reimbursed for the cost of travel to the department’s sanatorium-resort institutions. In the case of workers in the northern regions, travel to any holiday destination is reimbursed.

    Question No. 1: Will compensation for unused vacation be included in the number of payments due to the family of a Ministry of Internal Affairs employee who died while serving?

    Answer: Yes, by way of inheritance compensation will be paid for vacations, salary for the month in which the employee died, as well as other payments to which the policeman was entitled at the time of death.

    Question No. 2: Is it possible for an employee of the Ministry of Internal Affairs to receive compensation upon dismissal for all basic and additional vacations unused during the last two years?

    Answer: Yes, a dismissed employee of the Ministry of Internal Affairs has such a right.

    This form of monetary reward is provided only for the time that follows the required 30 days. Despite the existing rule, in practice such a replacement is not used. In relation to employees of the Ministry of Internal Affairs working in the northern regions, as well as to those who serve in conditions harmful to general health, monetary compensation will not be established.

    A special advantage of this form of leave is the possibility of receiving compensation for travel to specialized sanatoriums of the Ministry of Internal Affairs. In relation to people working in the northern regions, the law provides for payment of travel to other more comfortable places of rest.

    Duration of basic paid rest

    The main legal act that regulates the provision of rest for police officers is the law adopted at the federal level under No. 342 in 2011. This document indicates that employees can take advantage of basic and additional leaves. For example, when personal circumstances arise and a person needs to rest.

    Article 57 of this law establishes that the total duration of the main part of the vacation for the group of citizens in question is 30 days. In this case, only the calendar period is taken into account. In a situation where a citizen works in a northern area, he can count on a vacation of 45 days.

    An important point when calculating leave for employees of the Ministry of Internal Affairs is that calendar weekends are not subject to accounting. In addition, days that were non-working or holidays are subject to exclusion. However, the legislative acts reflect the maximum duration cannot be more than ten days.

    For irregular working hours

    The procedure for providing additional days for rest for police officers for exceeding the standards established by labor legislation is prescribed in the provisions of Article 101 of the Labor Code of the Russian Federation. This norm reflects such a responsibility assigned to the management of the unit. When a person is hired, his employment agreement must state that the conditions are not standardized.

    In the structure under consideration, persons may work for whom an irregular schedule is established. At the same time, this provision is not affected by the area where the person serves. These are positions such as management, employees with an unlimited working day, as well as support personnel. In addition, these are specialists whose activities are limited to final type indications.

    The following additional days of rest are established for these positions:

    • category of privates or junior commanding officers - a week;
    • management – ​​9 days;
    • command of the highest type - 10.

    It is important that this duration is reflected in the employment agreement, which is signed at the time of hiring.

    Family leave

    This type of vacation is short-term. The maximum value is three days. There are several situations in which such a time of rest may be presented to a person. Including:

    • death of a relative classified as close;
    • marriage;
    • other reasons, subject to respect, could happen to the employee himself or his close relative.

    The basis for using such time is a statement written by the employee. It is established that this act must contain certain circumstances. Among other things, these are the reasons why the citizen needed time off. Sometimes it becomes necessary to confirm such grounds in written format. This time is payable as working periods.

    One of the types of such leave is the time when a baby is born to an employee of the Ministry of Internal Affairs system. When a man works as a policeman, the rest period is ten days. When a woman is serving and is expecting a baby, she can take advantage of parental leave. Duration is up to one and a half or three years. In this case, vacation is used on the same basis as employees of other enterprises.

    Until the baby turns 1.5 years old, the mother has the right to receive benefits.

    Review from vacation

    A special feature of the vacation for employees of the Ministry of Internal Affairs is that their superiors can recall them from vacation. The call can occur if one of two important conditions is met:

    1. Consent of an employee of the Ministry of Internal Affairs.
    2. The manager himself gave direct consent to the call and signed an official order for this.

    According to Article No. 64 of the Federal Law, a call is made only if, due to the absence of an employee, the organization cannot fulfill its direct duties.

    At the same time, there are certain situations in which an official recall of an employee of the Ministry of Internal Affairs is allowed, without obtaining his prior consent. Federal law defines all situations that fall under the definition of a martial law emergency.

    If, after an employee is recalled, he has unused vacation time, it is applied at any period convenient for the employee. When the total duration of such time is 10 days or more, it is possible to increase its duration by the time that needs to be spent on the road to the place of the planned vacation. In such a situation, the employee will only be paid the cost of travel.

    For harmful working conditions

    The Ministry of Internal Affairs developed order No. 549 of 2014. This act reflects the list of professions that can take advantage of additional time for rest. This is associated with the place of service. These divisions include:

    • isolators where prisoners are temporarily held;
    • departments whose activities are related to the organization of convoys or security;
    • receivers;
    • medical institutions.

    In addition, a citizen who holds a preferential position can use privileges.

    Transfer and subsequent extension of vacation time

    According to the current law for the Russian Federation, an employee in certain life situations can postpone the vacation or, if necessary, extend it. This option will be most useful in the following common life situations:

    • Sudden onset of illness and temporary disability;
    • Receipt of a certain service task;
    • Other situations provided for by current legislation;
    • Personal family circumstances.

    Extension of leave is carried out only on the basis of a special order received from the boss and if there is a sufficiently significant reason. There are some important points regarding the onset of temporary disability. Vacation with this factor can be postponed without problems to the desired time period. As for the sick leave, this document, issued on the basis of the child’s incapacity for work, is not extended.

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