In today’s article we will tell you how to determine the duration of paid leave for a municipal employee. Let us briefly look at the procedure for determining the amount of salary for the vacation period. In addition, let's talk about unpaid leaves.
Municipal employees are subject to labor legislation, taking into account the specifics provided for by the Law on Municipal Service in the Russian Federation[1], other federal laws and regulatory legal acts of the Russian Federation and constituent entities of the Russian Federation on municipal service.
That is, the issues of granting and paying for vacations are regulated first of all by special legislation, and then by labor legislation.
In accordance with Art. 21 of the Law on Municipal Service in the Russian Federation, a municipal employee is granted annual leave while retaining the position of the municipal service being filled and salary, the amount of which is calculated in the manner established by labor legislation for calculating the average salary. Annual paid leave consists of:
- from the main paid leave;
- from additional paid vacations.
Annual additional paid holidays
A municipal employee is provided with the following additional paid leaves:
- for length of service;
- for irregular working hours (if the employee has such a work schedule);
- for working under harmful and (or) dangerous working conditions (if any);
- for work in the Far North and equivalent areas;
- in other cases provided for by federal laws;
- in cases established by the laws of the subject of the Russian Federation.
Let's look at each of these types of vacations separately.
Long service leave
The federal legislator has established the maximum duration of additional leave for long service - 10 calendar days. The specific procedure and conditions for granting such leave are determined by the laws of the constituent entities of the Russian Federation. Here are excerpts from some regional laws.
| Name and norm of the document | Procedure for granting leave |
| Clause 5 of Art. 28 Law of Moscow dated October 22, 2008 No. 50 “On municipal service in the city of Moscow” (hereinafter referred to as Law No. 50) | The duration of annual additional paid leave for long service is calculated at the rate of 1 calendar day for each year of municipal service |
| Clause 2 of Art. 15 of the Law of St. Petersburg dated February 15, 2000 No. 53-8 “On the regulation of certain issues of municipal service in St. Petersburg” (hereinafter referred to as Law No. 53-8) | In addition to the annual basic paid leave, a municipal employee is granted an additional annual paid leave for long service at the rate of 1 calendar day for 3 full calendar years of municipal service, but not more than 10 calendar days |
| Clause 4 art. 20 Law of the Nizhny Novgorod Region No. 99-Z dated August 3, 2007 “On Municipal Service in the Nizhny Novgorod Region” (hereinafter referred to as Law No. 99-Z) | Municipal employees are provided with annual additional paid leave for length of service lasting: 1) with municipal service experience from 1 to 5 years - 1 calendar day; 2) if the municipal service experience is from 5 to 10 years - calendar days; 3) with municipal service experience of 10 to 15 years - 7 calendar days; 4) with municipal service experience of 15 years or more - 10 calendar days |
If the law of a subject of the Russian Federation or a regulatory act of a municipality does not stipulate the procedure for determining the duration of paid leave for long service, then the rules established by clause 5 of Art. 46 of the Law on State Civil Service in the Russian Federation[2]. Since, through the correlation of the basic conditions of remuneration and social guarantees of municipal and state civil servants, the relationship between the municipal service and the state civil service of the Russian Federation is ensured (clause 5 of article 5 of the Law on municipal service in the Russian Federation, clause 5 of article 7 of the Law on state civil service in the Russian Federation RF).
In accordance with this law, the duration of additional leave for long service is:
- with municipal service experience from 1 to 5 years - 1 calendar day;
- with municipal service experience of 5 to 10 years - 5 calendar days;
- with municipal service experience of 10 to 15 years - 7 calendar days;
- with 15 years or more of municipal service experience - 10 calendar days.
Leave for work under harmful and (or) dangerous working conditions
The Law on Municipal Service in the Russian Federation does not contain special provisions on granting municipal employees additional leave for work under harmful and (or) dangerous working conditions. Consequently, the general provisions established by the Labor Code apply.
Annual additional paid leave is provided to employees whose working conditions at their workplaces, based on the results of a special assessment of working conditions (SAL), are classified as hazardous conditions of the 2nd, 3rd or 4th degree or hazardous working conditions.
The minimum duration of such leave is 7 calendar days. The duration of the annual additional paid leave of a particular employee is established by an employment contract on the basis of an industry (inter-industry) agreement and a collective agreement, taking into account the results of the special labor camp (Article 117 of the Labor Code of the Russian Federation).
Answer:
Article 127 of the Labor Code of the Russian Federation unambiguously determines that upon dismissal, an employee is paid monetary compensation for all unused vacations. In this case, this is 131 calendar days of vacation.
Article 124 of the Labor Code of the Russian Federation contains a categorical ban on failure to provide annual paid leave for two years in a row. The situation described in the question is an undoubted violation of labor laws. Supervisory and control authorities will definitely uncover this violation and take measures to punish the perpetrators.
Based on this, one should not aggravate the situation by thinking about the employee’s rights to compensation for unused vacations due to the fault of the organization, but, of course, pay the appropriate funds on the day the employee is dismissed.
Leave for work in special climatic conditions
By virtue of Art. 116, 321 Labor Code of the Russian Federation, art. 14 of the Law of the Russian Federation of February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas”, in addition to the established additional leaves provided on a general basis, to persons working in the northern regions of Russia , additional annual leave of the following duration is also provided as compensation :
- in 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.
According to Art. , additional guarantees and compensation may be established for persons living in the named areas, laws of constituent entities of the Russian Federation, regulatory legal acts of local governments, collective agreements, and agreements
Other additional leaves provided for by federal legislation
Municipal employees, like other citizens of the Russian Federation, are subject to the provisions of other federal laws providing for the provision of additional paid leave. We are talking primarily about citizens exposed to radiation.
| Category of citizens | Duration of additional leave | Name and norm of the document |
| Citizens exposed to radiation as a result of nuclear tests at the Semipalatinsk test site | 14 calendar days | Clause 15 of Art. 2 of the Federal Law of January 10, 2002 No. 2-FZ |
| Citizens exposed to radiation as a result of the Chernobyl nuclear power plant disaster | 14 calendar days | Clause 5 of Art. 14 Law of the Russian Federation of May 15, 1991 No. 1244-1 |
Dividing vacation into parts
In accordance with Art. 125 of the Labor Code of the Russian Federation, by agreement between the employee and the employer, annual paid leave can be divided into parts. In this case, at least one of the parts must be at least 14 calendar days.
The laws of the constituent entities of the Russian Federation may provide municipal employees with additional guarantees, for example, the possibility of dividing vacation into parts at the request of the employee . Here are excerpts from regional laws.
| Name and norm of the document | Procedure for granting leave |
| Clause 6 of Art. 28 Law No. 50 | At the request of a municipal employee, annual paid leave may be provided in installments. In this case, the duration of one part of the granted leave cannot be less than 14 calendar days. |
| Clause 3 of Art. 15 Law No. 53-8 | Annual basic paid leave and annual additional paid leave are summed up and, at the request of the municipal employee, can be provided in parts. In this case, the duration of one part of the annual paid leave cannot be less than 14 calendar days. |
Duration of main rest time
The number of days that government employees can rest is 30 days. But thanks to the additional days, the average vacation duration reaches up to 6 weeks.
Expert commentary
Potapova Svetlana
Lawyer
Initially, it was envisaged that senior officials in the civil service would rest several days more than ordinary employees. But the changes made in 2021 have made everyone equal. The basic leave of officials has become the same for all categories, regardless of their position, and is 30 days.
Replacement of vacation with monetary compensation
In accordance with Art. 126 of the Labor Code of the Russian Federation, part of the annual paid leave exceeding 28 calendar days, upon a written application from the employee, can be replaced by monetary compensation.
When summing up annual paid leave or transferring annual paid leave to the next working year, monetary compensation can be replaced by a part of each annual paid leave exceeding 28 calendar days, or any number of days from this part.
However, it must be remembered that the replacement of annual additional paid leave granted to persons employed in work with harmful and (or) dangerous working conditions is carried out in a special manner (Article 117 of the Labor Code of the Russian Federation, Letter of the Ministry of Labor of the Russian Federation dated June 27, 2017 No. 14-2/ OOG-5299):
- it is not allowed to replace with monetary compensation the minimum established duration of the annual additional paid leave provided to employees employed in harmful and (or) dangerous working conditions (7 calendar days);
- replacement of additional paid leave exceeding the minimum established duration of such leave (7 calendar days) is possible provided that this is provided for by an industry agreement and a collective agreement, as well as on the basis of the written consent of the employee, formalized by concluding a separate agreement to the employment contract.
It is not permitted to replace annual basic paid leave and annual additional paid leave with monetary compensation:
- pregnant women;
- workers under 18 years of age.
Submission procedure
The procedure is standard. The employee must write a statement two weeks before the date indicated in the vacation schedule. The application indicates the time period during which the worker plans to rest, as well as the basis that gives him the right to additional days off.
It is currently not allowed to accumulate vacation days over several years, so the employee should use them in full. Or, if the employee wishes, they can be replaced with material compensation. To do this, the worker must contact the employer, formalizing his demand in the form of a corresponding statement. This opportunity is provided according to general rules.
The procedure for calculating vacation pay
A municipal employee is granted annual leave with retention of salary, the amount of which is calculated in the manner prescribed by labor legislation for calculating the average salary (Article 21 of the Law on Municipal Service in the Russian Federation).
According to Art. 139 of the Labor Code of the Russian Federation, for all cases of determining the amount of average wages (average earnings) provided for by the Labor Code of the Russian Federation, a single procedure for calculating it applies. The specifics of the procedure for calculating average wages are established by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter referred to as Regulation No. 922).
For reference
The rules for calculating the salary of federal government civil servants, including the procedure for calculating salary for the period the civil servant is on annual paid leave, are established by Decree of the Government of the Russian Federation of September 6, 2007 No. 562.
Paragraphs 2, 3 of Regulation No. 922 indicate that to calculate average earnings, all types of payments provided for by the remuneration system applied by the relevant employer are taken into account, regardless of the sources of these payments, with the exception of social payments and other payments not related to remuneration ( financial assistance, payment of the cost of food, travel, training, utilities, recreation, etc.).
Let us recall that the work of a municipal employee is paid in the form of salary, which consists (Article 22 of the Law on Municipal Service in the Russian Federation):
- from the official salary of the employee in accordance with the position he fills;
- from the monthly and other additional payments of the employee, determined by the law of the subject of the Russian Federation.
Local governments independently determine the amount and conditions of remuneration for municipal employees. The amount of the official salary, as well as the amount of monthly and other additional payments and the procedure for their implementation are established by municipal legal acts issued by the representative body of the municipality.
Thus, different constituent entities of the Russian Federation (municipalities) have their own rules for determining the amount of salary for municipal employees. Therefore, it is difficult to give universal advice on how to determine the amount of vacation pay. Let us highlight only some basic points.
To calculate average earnings, all types of payments provided for by the remuneration system and applied by the relevant employer are taken into account, regardless of the sources of these payments. In accordance with clause 2 of Regulation No. 922, in relation to municipal employees, such payments, in particular, include:
- salary accrued to the employee for time worked (clause “e”);
- allowances and additional payments to official salaries for professional skills, class, length of service, knowledge of a foreign language, work with information constituting state secrets, combining positions, expanding service areas, increasing the volume of work performed, etc. (paragraph “k”);
- payments related to working conditions, including those determined by regional regulation of wages (in the form of coefficients and percentage bonuses to wages), increased wages for heavy work, work with harmful and (or) dangerous and other special working conditions, for work at night, payment for work on weekends and non-working holidays, payment for overtime work (paragraph “l”);
- bonuses and remunerations provided for by the remuneration system (clause “n”);
- other types of wage payments used by the relevant employer (clause “o”).
The amount of salary for the period that a municipal employee is on annual paid leave is calculated as follows:
1) the average daily earnings are determined by dividing the amount of salary actually accrued to the employee for the 12 calendar months preceding the vacation by 12 and by the average monthly number of calendar days (29.3) (clause 10 of Regulation No. 922);
2) the amount of vacation pay is determined by multiplying the average daily earnings by the number of calendar days of vacation.
Accountants often have a question: is it necessary to include this or that payment due to an employee in the calculation of average earnings? Let's look at this question in detail.
Additional payments for vacation. As a rule, when municipal employees go on vacation, they are entitled to additional vacation payments.
| Name and norm of the document | Procedure for granting leave |
| Clause 10 of Art. 20 of Law No. 99-З | When a municipal employee is granted annual paid leave, a lump sum payment in the amount of two official salaries is made once a year. |
| Clauses 1, 2 of Law No. 50 | Local government bodies independently determine the amount and terms of remuneration for municipal employees, including the amount and procedure for making a lump sum payment for the next annual paid leave |
Let us remind you that clause 3 of Regulation No. 922 establishes that social payments are not accepted into the calculation of average earnings to pay for the next vacation. The current legislation does not contain a direct indication of the procedure for taking into account the lump sum payment for vacation when calculating the average salary for a municipal employee. At the same time, the absence of a rule for municipal employees approved by federal legislation does not prevent its establishment by a regulatory legal act of a constituent entity of the Russian Federation.
Material aid. Difficulties also arise with financial assistance. The fact is that in Regulation No. 922, material assistance is classified as social payments, which are not taken into account when calculating average earnings. However, for municipal employees, financial assistance is often included in the wage system and, in fact, is not a social benefit.
An analysis of arbitration practice shows that the majority of judges believe that the above payments should not be taken into account when determining average earnings.
| Document details | Judges' findings |
| Appeal ruling of the Novosibirsk Regional Court dated 04/04/2017 in case No. 33-3195/2017 | A one-time payment when providing leave and financial assistance should not be taken into account when calculating average earnings |
| Appeal ruling of the Supreme Court of the Komi Republic dated February 24, 2014 in case No. 33-834/2014 | Financial assistance for vacation refers to social payments that are not taken into account as part of earnings when calculating average daily earnings |
| Appeal ruling of the Court of the Yamalo-Nenets Autonomous District dated September 10, 2012 in case No. 33-2190 | A one-time payment when providing annual leave refers to payments of a social nature, since it is not related to the performance of functional duties by a municipal employee, and is not taken into account when calculating average earnings |
To be fair, it should be noted that there are also opposing decisions of the judges. For example, in the Ruling of the Rostov Regional Court dated January 26, 2012 in case No. 33-1042, it is stated that since, according to the law of a constituent entity of the Russian Federation on municipal service, an employee is paid monthly financial assistance as an additional payment, it is not a social payment, but refers to the salary of the employee , therefore, should be taken into account when calculating average earnings. We emphasize that there are much fewer such solutions. In any case, when deciding whether to take into account the disputed amounts when calculating average earnings or not, you need to focus on the wording of regional legislation on municipal service regarding the procedure for determining the salary of municipal employees.
Answer:
At their request, the employer is obliged to provide leave to certain categories of employees in advance at a time convenient for them, including before the expiration of six months of continuous work (Part 3 of Article 122, Part 4 of Article 123 of the Labor Code of the Russian Federation).
Thus, at the request of the employee, the employer is obliged to provide leave at a convenient time to the following categories of citizens:
- women before maternity leave or immediately after it, or at the end of parental leave (Article 260 of the Labor Code of the Russian Federation);
- to the husband while his wife is on maternity leave, regardless of the time of his continuous work with this employer;
- employees who adopted a child under three months of age;
— workers under 18 years of age (Article 267 of the Labor Code of the Russian Federation);
— employees recalled from annual paid leave (Part 2 of Article 125 of the Labor Code of the Russian Federation);
- parents (guardians, trustees) accompanying a child under the age of 18 who enters an educational institution of secondary or higher vocational education located in another area, if the employing organization is located in the Far North or an equivalent area (Part 5 Article 322 of the Labor Code of the Russian Federation);
- part-time workers simultaneously with annual leave at the main place of work (part 1 of article 286, part 2 of article 287 of the Labor Code of the Russian Federation);
- individuals who participated in hostilities or suffered from them (clause 17, clause 1, article 14, clause 13, clause 1, article 15, clause 11, clause 1, clause 4, clause 2, article 16, paragraph 9, part 1, article 17, paragraph 9, paragraph 1, article 18, paragraph 10, paragraph 1, article 19 of the Federal Law of January 12, 1995 N 5-FZ “On Veterans”);
- certain categories of military personnel (clause 12, article 29 of the Regulations on the procedure for military service, approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237 “Issues of military service” (as amended on March 25, 2015)) <1> ;
- wives of military personnel simultaneously with military leave (clause 11, article 11 of the Federal Law of May 27, 1998 N 76-FZ “On the status of military personnel” (as amended on November 24, 2014));
- women with two or more children under the age of 12 (clause “b”, paragraph 3 of the Resolution of the Central Committee of the CPSU, Council of Ministers of the USSR dated January 22, 1981 N 235 “On measures to strengthen state assistance to families with children”; Decision Supreme Court of the Russian Federation dated June 17, 2014 N AKPI14-440, which recognized the said norm as legal);
- single men with two or more children under the age of 12 years (clause “b”, paragraph 3 of the Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR dated January 22, 1981 N 235; Order of the Council of Ministers of the USSR dated October 30, 1985 N 2275r; Decision of the Supreme Court of the Russian Federation dated June 17, 2014 No. AKPI14-440);
— honorary donors of Russia (clause 1, part 1, article 23 of the Federal Law of July 20, 2012 N 125-FZ “On the donation of blood and its components” (as amended on June 4, 2014, as amended on April 6, 2012) 2015));
— Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders of the Order of Labor Glory (Part 2 of Article 6 of the Federal Law of 01/09/1997 N 5-FZ “On the provision of social guarantees to Heroes of Socialist Labor, Heroes of Labor of the Russian Federation and full holders Order of Labor Glory" (as amended on December 28, 2013, as amended on April 6, 2015));
- Heroes of the Soviet Union, Heroes of Russia, full holders of the Order of Glory (clause 3 of 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” (ed. dated 07/02/2013, as amended on 04/06/2015)).
———————————
<1> Changes introduced by Decree of the President of the Russian Federation dated March 25, 2015 N 161 came into force on March 25, 2015.
This list shows the most common categories of citizens who have the right to be granted leave at a time convenient for them.
This list may be expanded by other legislative acts of the Russian Federation, as well as local regulations of the organization.
