How do municipal employees go on vacation and when?

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.

Types of military leave

Military personnel are provided with the following types of leave (Clause 1, Article 28 of the Regulations, approved by Decree of the President of the Russian Federation of September 16, 1999 No. 1237

(hereinafter
as Regulation No. 1237
)):

a) main - for military personnel performing military service under a contract;

b) vacation pay - for military personnel studying in military educational institutions;

c) additional - for military personnel undergoing military service by conscription and under contract;

d) for pregnancy and childbirth - female military personnel;

e) for child care - for military personnel performing military service under a contract.

Military personnel may also be granted leave on other grounds provided for by the legislation of the Russian Federation (clause 2 of article 28 of Regulation No. 1237

).

Let's consider the features of providing leave to military personnel.

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.

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.

How is vacation calculated?

The duration of the vacation period for persons who have signed a contract is calculated as follows:

• The main vacation period is divided by 12 (for example, if you have less than ten years of service, it is 30 days, and they need to be divided by 12).
• The number of days is then multiplied by full months of service (for example, from the beginning of the calendar year to the moment of dismissal or from the beginning of service to the end of the calendar year).
• When making calculations, the resulting figures are rounded upward (this applies to days and months). Exactly the same principle is used to calculate additional vacation periods.

You will find out the length of service for retirement in Russia under the new law in our article. In 2021, Russian military pensions will be increased! Find out more about this event in the article. There are some changes to unemployment benefits in 2021. Our material has all the information you need.

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).

For family reasons

These include maternity leave and childcare leave. To a greater extent, they are intended for female military personnel. In accordance with the legislation of the Russian Federation, they are provided with maternity leave before and after the birth of the baby. Only mothers are entitled to leave for contract military personnel at the birth of a child; fathers receive days off only with the permission of the commander.

If desired, a woman can take maternity leave for three years. At the same time, her position and place of service are retained. In case of adoption of a child, 70 additional days are entitled to leave, and if guardianship is issued over several children - 110 days.

Leave of military personnel under contract for family reasons is possible if the wife of the Defender of the Fatherland cannot take care of the child (death of the spouse, serious illness, deprivation of parental rights). Its duration can be up to three months.

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

Training

Study leave for a serviceman under a contract is granted in case of full-time or part-time study without interruption of his main occupation. It includes a period of preparation for entrance exams upon admission, intermediate and final certification.

The duration of study leave provided for degree applicants is determined in accordance with the legal acts of the Russian Federation. The period is increased by the time spent traveling to the place of study.

In addition, contract students are provided with vacation leave, coinciding with the break period during study periods:

• summer vacation – thirty days;
• winter holiday - fifteen.

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.

Are military personnel entitled to additional days off when leaving service?

Upon dismissal, a military man must take unused additional leave , if he is entitled to it. Also, if you have served for more than 20 years, you can go on demobilization leave for a month.

Based on clause 10 of Art. 11 Federal Law No. 76 of May 27, 1998 “On the status of military personnel” additional (“demobilization”, “presidential”) leave for personal reasons equal to 30 days is granted to military personnel who have served for 20 years or more and will soon reach the maximum age of stay on duty. Also, military personnel with the specified length of service are entitled to leave if they are dismissed due to current health conditions or due to staff reduction.

Additional leave can be taken in one year out of 3 years before the serviceman reaches the established age limit for serving in the RF Armed Forces or in the year of dismissal due to current health conditions or due to staff reduction.

Such vacation time is also available to those military personnel who have not used it before and remain in service after the expiration of the maximum period of service. You can take additional leave only once during your entire service life .

It is easy to determine whether the commander of a military unit can grant demobilization leave. Such vacation time is permissible if there is 1 of the following 3 grounds for dismissal:

• the expiration of military service does not occur in 3 years or earlier;
• staff reduction;
• according to your current health condition.

The condition of 20 years of military service must also be met.

According to Art. 49 Federal Law No. 53 of March 28, 1998, the age limit for military service for:

• Marshal of the Russian Federation (Army General, Admiral, Fleet Admiral, Colonel General) is 65 years old;
• lieutenant general (vice admiral, rear admiral, major general) - 60 years;
• colonel and captain 1st rank - 55 years;
• for a serviceman who has a different military rank - 50 years.
• for female military personnel this age is lower - 45 years.

In paragraph 15 of Art. 28 Regulations on the procedure for military service, approved. Decree of the President of the Russian Federation No. 1237 of September 16, 1999 lists other types of additional leave for the military:

• educational, creative, illness, personal circumstances;
• additional admission for combat veterans;
• additional clearance for military personnel serving in territories affected by the Chernobyl nuclear power plant accident;
• vacations provided after a space flight.

A serviceman can go on additional leave for personal reasons for 10 days only in the following situations:

• in the presence of a serious illness or death (death) of the family or a certain close relative of the military man (for example, spouse, mother, son, etc.) or a person who was dependent on the military man;
• after a fire or other natural disaster occurs in the apartment of a serviceman or his close relative;
• in other cases - by a separate decision of the unit commander.

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.

Schedule

Responsibility for drawing up the leave schedule and adhering to its implementation lies with the unit commander. This document is drawn up in accordance with standards that also place responsibility on the performers for its implementation.

When drawing up the schedule, legal norms must be taken into account regarding the provision of leave at the request of the military personnel. They concern the following categories of military:

• Veterans of the Great Patriotic War, the so-called “veteran”.
• Veterans DB.
• Military personnel with Chernobyl status.
• If a military man has three children under 16 years of age or one incapacitated child.
• Single army men with children under 14 years old.
• Persons awarded the “Honorary Donor of Russia” badge.

If a husband and wife serve the Fatherland and wish to spend a vacation together, then by law they submit a report about this. Receiving a refusal from management can be appealed in a military court.

Important! The military commander has the authority to issue an order to grant basic leave to a serviceman without taking into account his wishes, if he is not included in preferential categories.

The vacation plan can be changed taking into account the need to maintain the combat and mobilization readiness of the HF.

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.

Additional rest

Additional rest periods are provided purposefully to certain categories of employees who have certain merits or are engaged in professional activities in special conditions.
For conscripts, such vacation periods are also issued as incentives, but their duration is short. An exception is during periods of illness of a person called up for service . According to the conclusion of the medical commission, the duration of additional rest can range from a month to sixty days.

All of the listed additional days for contract soldiers and conscripts can be summed up or added to the main (annual) vacation period. At the same time, the total duration of the additional rest period for contract soldiers cannot be more than sixty days. Accounting for additional days provided to an employee is kept in a special unit journal.

Contractors are given no more than thirty additional days due to illness.

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.

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.

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.

Legislation

In accordance with the Constitution of the Russian Federation, there is a Federal Law defining the rights and obligations of contract workers. Article 11 “Service time and the right to rest” contains the necessary information related to military leave.

In addition, the defenders of the Motherland have their own regulations and separate laws related to the specifics of their activities. For example, the seventh chapter of the document “Regulations on the procedure for military service” includes comprehensive information about the main leave of a serviceman under a contract, the principles of its calculation, types and other positions.

Vacation registration procedure

The procedure for granting any leave to military personnel begins with drawing up a report addressed to their superiors. On this form, the soldier must indicate:

• Information about the commander of your unit;
• The start date of the leave and its duration (an important aspect for those employees who want to distribute their rest into parts);
• A request for payment of additional funds for rehabilitation in a sanatorium (if required);
• Number of family members (the full name of each relative is indicated);
• The place where the vacation will take place (if a person goes on vacation outside the country or to remote regions of the Russian Federation, the time spent on the road will not be taken into account);
• Your initials, position, military rank.

If we are not talking about basic rest, but about leave for personal reasons, then the serviceman will also have to attach accompanying documentation to the report. It could be:

• Conclusion from the hospital about the relative’s condition;
• An extract from the registry office about the upcoming wedding;
• A form from the Ministry of Emergency Situations about a disaster that affected a military family (fire, flooding of a house, etc.).

It is important to know! The soldier may also be required to submit a letter written on behalf of his senior officer confirming his length of service. Without this document, a person will lose the privileges provided for him by Federal Law.

Illness while on vacation

The obligation to extend the vacation period due to illness is established on the basis of an order of the President of the Russian Federation. This provision applies to annual leave, basic and additional. This rule cannot be applied if a military man falls ill during the period of leave, which is granted for personal reasons.

The vacation period increases in direct proportion to the period indicated in medical documents (certificates from a military hospital). In the case where the treatment takes place not at the military department, but in a regular hospital, it is also required to provide documents according to which the vacation period will also be extended. Extension of leave due to illness is carried out by the commander on the basis of a report submitted to the military.

Reasons for vacation recall

The law allows for the possibility of recalling a serviceman from leave. According to Article 33 of UP 1237, there is only one wording on the basis of which a serviceman can be recalled from leave “extreme necessity”.

This formulation rather vaguely reflects the state of affairs, which is why very often situations arise when military personnel express their doubts about the orders given by the commander, due to which they have to interrupt their assigned leave. A serviceman is obliged to arrive at the unit’s location in the following cases:

• If an order has been issued to revoke it.
• The recall document contains information that the reason is extreme necessity.
• The decision to recall from leave was made by the commander or higher authorities.
• The revocation order was communicated to the addressee through official channels (for example, by telegram).
• If all the above reasons are met, the military man has no right to ignore the order.

The reasons for such a decision by the military command may be:

1. The need for military personnel to perform military tasks.
2. Activities related to preparation for combat operations, etc.
3. Preparing and checking the working condition of special equipment and other reasons.

ATTENTION: In case of disagreement with the order, the serviceman has the right to refuse to carry out the order.

The procedure for action in case of disagreement with the order is determined by the charter of the internal service of the Armed Forces, clause 43. The decision made by the commander is challenged before higher management, the court or the military prosecutor's office.

However, it should be taken into account that a well-executed order will be quite difficult to challenge. You should pay attention to the recall procedure, because if the demands were made verbally, and the military man, in turn, returned to the unit, then he simply may lose the remaining days of vacation.

Indeed, in this case, it turns out that the soldier who arrived at the unit is actually on leave according to documents. A vacation recall must be properly completed ; only in this case does the law allow the unused period to be added to the vacation days of the next vacation.

Vacation time in case of illness

A referral for sick leave is issued by a medical commission, which makes a conclusion about the need for treatment for the employee.

There are certain rules:

1. The duration of time is 30-60 days, depending on the patient’s well-being.
2. The period may be increased to four months.

Sick time does not replace regular leave, but when combining two types, the main one increases by the number of days of treatment.

Military personnel must use leave specifically for recreation. Replacement with material payment is provided on the basis of legislation. For example, upon dismissal, a contract employee is required to use vacation days. But, if it is impossible to send them on vacation when they are removed from the list of personnel, payments are made for unused days. This is possible when terminating a service contract before the end of the term if days were not provided.

When carrying out medical procedures or on the basis of a medical report, army employees are allocated a paid day. Their norm depends on the requirements in the documents.