What kind of leave in the police. Peculiarities of registration of leave for police officers. The main leave of a police officer - how many days is

Article 56 of Federal Law No. 342-FZ provides that services to police officers may be provided various types vacations (Fig.).

1. An employee of internal affairs bodies is provided with the following types of leave with the preservation of monetary allowance:

1) main vacation;

2) additional vacations;

3) vacation leave;

4) leave for personal reasons;

5) leave upon graduation from an educational institution of higher education vocational education federal executive body in the field of internal affairs;

6) other types of vacations if their payment is provided for by law Russian Federation.

2. Basic and additional leaves to an employee of internal affairs bodies are granted annually starting from the year of entry into service in the internal affairs bodies.

3. The duration of leave granted to an employee of internal affairs bodies in the year of joining the service in internal affairs bodies is determined by multiplying one-twelfth of the main and additional leaves established for the employee in accordance with this chapter by the number of full months that have passed from the start of service in the bodies internal affairs until 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.

4. Basic leave for the second and subsequent years of service in internal affairs bodies is granted to an employee of internal affairs bodies at any time during the year according to the schedule, approved by the head of the federal executive body in the field of internal affairs or an authorized head. 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. In this case, the total the duration of continuous leave should not exceed 60 calendar days(excluding travel time to and from the vacation spot). The duration of continuous leave established by this part 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.

5. Basic leave, leave for personal reasons, leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs and leave granted to an employee of internal affairs bodies in the year of joining the service in 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 one day one way.



6. In exceptional cases, when the absence of an employee of internal affairs bodies in the service of internal affairs bodies entails the impossibility of proper implementation by the federal executive body in the field of internal affairs, its territorial body, division of the functions established by the legislation of the Russian Federation, determined by the schedule the period for granting leave may be postponed by order by agreement with the employee the head of the federal executive body in the field of internal affairs or an authorized head.

7. Part of the main from release of an internal affairs officer, exceeding 30 calendar days, may, at his request, be replaced by monetary compensation in accordance with established by the federal executive body in the field of internal affairs. For an employee on duty in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, as well as in harmful conditions, replacement of part of the vacation with monetary compensation, as a rule, not allowed with the exception of the case of his dismissal from service in the internal affairs bodies.

8. Employee of internal affairs bodies female, as well as an employee who is a father (adoptive parent, trustee) and raising a child without a mother (in the event of her death, deprivation of her parental rights, a long stay in a medical institution and in other cases of lack of maternal care for objective reasons), Parental leave is provided until the child reaches the age of three in the manner prescribed by labor legislation. Such an employee, to the extent that does not contradict this Federal Law, is subject to social guarantees established by labor legislation.

9. An employee of internal affairs bodies holding a position teaching staff in an educational institution of higher education professional education of the federal executive body in the field of internal affairs, basic leave and additional leave for length of service Internal affairs bodies are usually provided , during the holidays of cadets and students, with the exception of the case of providing such an employee with a voucher for treatment at another time.

10. When an employee of the internal affairs bodies is transferred to another locality, the main leave and additional leaves not used by him are granted, as a rule, to the previous place of service in the internal affairs bodies, and if this is not possible, to the new place of service in accordance with this chapter.

11. An employee of internal affairs bodies who is dismissed from service in internal affairs bodies on the grounds provided for in Part 1, paragraph 1, 2, 3, 4, 8, 9, 11, 13, 16, 17, 18, 19 or 21 of Part 2 or clause 6, 11 or 12 of part 3 of article 82 of this Federal Law, at his request, vacations provided for by the legislation of the Russian Federation are granted.

12. Providing an employee of internal affairs bodies with leave, combining or dividing leave, extending or postponing leave, replacing part of the leave with monetary compensation and recalling an employee from leave are formalized by order of the head of the federal executive body in the field of internal affairs or an authorized manager.

Article 57. Main leave

1. An employee of internal affairs bodies is annually granted a basic leave of 30 calendar days, and an employee serving in the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, is granted 45 calendar days.

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

3. An employee of the internal affairs bodies who has not exercised his right to basic leave within the period specified in the schedule must be granted leave at a time convenient for him before the end of the current year or within next year.

4. An employee of internal affairs bodies, at his request, is allowed to divide the main leave into two parts, provided that one of the parts of this leave is at least 14 calendar days. In this case, travel time to the vacation destination and back is provided once.

5. For an employee of internal affairs bodies serving in the regions of the Far North, equivalent areas or other areas with unfavorable climatic or environmental conditions, including remote ones, the main vacations for two years can be combined at his request.

Additional holidays

1. The following types of additional leave are established for employees of internal affairs bodies (Fig.):

1) for length of service in internal affairs bodies;

2) for execution official duties in harmful conditions;

3) for performing official duties under special conditions;

4) for an irregular working day.

Rice. Providing additional leaves to police officers.

2. Additional leave for length of service in internal affairs bodies is provided to employees of internal affairs bodies in calendar terms based on:

1) from 10 to 15 years of service - 5 calendar days;

2) from 15 to 20 years of service - 10 calendar days;

3) more than 20 years of service - 15 calendar days.

3. Additional leave for performing official duties in harmful conditions a duration of at least 10 calendar days is provided to employees of internal affairs bodies performing official duties in hazardous conditions, in the manner established by the federal executive body in the field of internal affairs.

4. Additional leave for performing official duties in special conditions a duration of no more than 10 calendar days is provided to employees of internal affairs bodies in the manner established by the federal executive body in the field of internal affairs.

5. Additional leave for an irregular work day a duration of no less than 3 and no more than 10 calendar days is provided to employees of internal affairs bodies in the manner established by the federal executive body in the field of internal affairs, depending on the special rank (7, 9 and 10 days (separate order of the Ministry of Internal Affairs of the Russian Federation).

Article 59. Extension of main leave or additional leave

1. Basic leave or additional leave granted to an employee of internal affairs bodies extended or is postponed to another period determined by the head of the federal executive body in the field of internal affairs or an authorized head, taking into account the wishes of the employee in the case of:

1) temporary disability of the employee;

2) the employee performs state duties during vacation, if for this purpose the legislation of the Russian Federation provides for exemption from service (work);

3) in other cases provided for by the legislation of the Russian Federation or by order of the head of the federal executive body in the field of internal affairs or an authorized head.

2. In the presence of circumstances provided for in Part 1 of Article 61 of this Federal Law, it is permitted to extend or postpone the main leave or additional leave for a period of no more than 10 calendar days.

3. Extension of the main leave or additional leave is carried out by order of the head of the federal executive body in the field of internal affairs or an authorized head upon presentation of documents confirming the existence of grounds for its extension.

Article 60. Vacation leave

Cadets and students studying full-time in educational institutions of higher professional education of the federal executive body in the field of internal affairs are provided with winter 14 calendar days And summer vacation leave duration 30 calendar days, including travel time to vacation destination and back.

Article 61. Leave for personal reasons

1. Leave for personal reasons lasting no more than 10 calendar days (excluding travel time to the place of vacation and back) is granted to an employee of internal affairs bodies by order of the head of the federal executive body in the field of internal affairs or an authorized manager in the event of a serious illness or death of a close relative. employee (spouse), father, mother, father (mother), spouse, son (daughter), sibling, fire or other natural disaster that befell the employee or his close relative, and also, if necessary psychological rehabilitation of an employee and in other exceptional cases.

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

Article 62. Leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs

1. Leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs to an employee of the internal affairs bodies who studied full-time is granted for a duration of 30 calendar days (excluding travel time to the place of vacation and back), which is counted towards main vacation for the current year.

2. Leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs must, as a rule, be used before the arrival of an employee of the internal affairs bodies to the place of further service in the internal affairs bodies. By decision of the head of the federal executive body in the field of internal affairs or an authorized head, leave upon graduation from an educational institution of higher professional education of the federal executive body in the field of internal affairs may be granted to an employee after appointment to a position in the internal affairs bodies.

Article 63. Other types of leaves

1. Employee of internal affairs bodies with length of service in the internal affairs bodies in calendar terms 20 years and more than in any year of the last three years before 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 in connection with the reduction of position in the internal affairs bodies, leave is granted at his request for personal reasons for a duration of 30 calendar days with retention of monetary allowance. The specified leave is also granted to an employee who, in accordance with this Federal Law, serves in 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.

2. Female employees of internal affairs bodies are granted maternity leave in accordance with labor legislation.

3. Employees of internal affairs bodies are granted parental leave, sabbatical leave, leave in connection with training, as well as other leaves established by the legislation of the Russian Federation.

Article 64. Recall of an employee of internal affairs bodies from vacation

1. An employee of internal affairs bodies may be recalled from vacation:

1) with his consent - on the basis of an order from the head of the federal executive body in the field of internal affairs or an authorized head in exceptional cases, if the absence of an employee in the service in the internal affairs bodies entails the impossibility of proper implementation by the federal executive body in the field of internal affairs, his territorial body, division of functions established by the legislation of the Russian Federation;

2) without his consent - upon the occurrence of circumstances provided for in Article 35 of this Federal Law.

2. The unused part of the leave must be provided to the employee of the internal affairs bodies at a time convenient for him in the current year or during the next year. If the unused portion of the vacation is 10 calendar days or more, the employee is paid the cost of travel to and from the vacation site and is given additional time to travel to and from the vacation site.

During these vacations, employees are paid a monetary allowance in the amount received by the day of departure on vacation for their full-time position, including raises, bonuses, additional payments, coefficients, with some exceptions (compensation payments) for:

a) night service;

b) for service on weekends and holidays;

c) for service overtime.

If the amount of the employee's salary has changed while on vacation, then upon returning from vacation the corresponding recalculation is made. Change may occur in the following cases:

1) in connection with a change in salary for the position held;

2) the emergence of the right to increase the bonus for length of service;

3) the emergence of the right to increase the allowance for service in the regions of the Far North, areas equated to the regions of the Far North, and in other remote areas;

4) assignment of the next special rank.

During the stay of students and cadets educational institutions During vacations, the Ministry of Internal Affairs of Russia pays them the monetary allowance they receive during their studies.

Pay compensation for unused vacation is allowed mainly in case of dismissal of an employee from the police department. However, Order No. 27 of the Ministry of Internal Affairs of Russia dated January 16, 2012 established the procedure for replacing part of the main leave with monetary compensation for police officers.

Cash compensation in exchange for part of the main vacation, exceeding 30 calendar days, is paid to an employee of the internal affairs bodies of the Russian Federation on the basis of his report and order of the head of the federal executive body in the field of internal affairs or an authorized head.

The amount of compensation for one day is calculated by dividing the amount of salary and monthly additional payments as part of the employee’s salary for the month in which compensation is paid by 29.4 (the average monthly number of calendar days). K 1d = DD/ 29.4

The amount of compensation is determined by multiplying the number of specified days by the amount of compensation for one day based on the manager’s order, which determines the number of days.

Payment of salary before the established date is allowed to employees leaving:

On vacation - for the current and next month, no later than three days before leaving for vacation, excluding weekends and non-working holidays.

I have a question about providing additional paid leave for civilian personnel for continuous work experience in the Russian Ministry of Internal Affairs system. According to the order of the Ministry of Internal Affairs of Russia dated December 28, 2007 No. 1236, from January 1, 2008, employees are provided with leave data according to their existing length of service in the Ministry of Internal Affairs, but for what period they are provided is not specified. Or take the working year of the main vacation as the working year, since the order states that the main and additional vacations are summed up. Or, in the personal statement, indicate the working period starting from the length of service in the Ministry of Internal Affairs. Most workers have a working period for annual leave in our organization does not coincide with the existing right to length of service, since people have accumulated work experience in the Ministry of Internal Affairs in other organizations.

Consultations: 452

The full order of the Ministry of Internal Affairs of Russia dated December 28, 2007 No. 1236 looks like this:

"For the purpose of social protection of employees of internal affairs bodies, organizations, divisions, institutions of the Ministry of Internal Affairs of Russia and civilian personnel of the internal troops of the Ministry of Internal Affairs of Russia on the basis of part two of Article 116 of the Labor Code of the Russian Federation<*>I order:

1. To provide, from January 1, 2008, employees of internal affairs bodies, organizations, divisions, institutions of the Russian Ministry of Internal Affairs system and civilian personnel of the internal troops of the Russian Ministry of Internal Affairs with annual additional paid leave for length of continuous work in the Russian Ministry of Internal Affairs system:

From 5 to 10 years - 3 calendar days;

From 10 to 15 years - 5 calendar days;

From 15 to 20 years - 10 calendar days;

Over 20 years - 15 calendar days.

2. Establish that:

2.1. Annual main and additional paid leave are summed up. By agreement between the employee and the employer, annual paid leave can be divided into parts. Moreover, at least one part of this leave must be at least 14 calendar days.

2.2. In order to provide employees with annual additional paid leave, the period of continuous work includes the length of service that gives the right to receive a percentage increase for continuous work in the system of the Ministry of Internal Affairs of Russia, as well as work experience, which gives the right to receive a monthly bonus for length of service to employees of certain units of internal affairs bodies and internal troops of the Ministry of Internal Affairs of Russia, payment for which is made in accordance with Decree of the Government of the Russian Federation of August 5, 2008 N 583 " On the introduction of new systems of remuneration for employees of federal budgetary, autonomous and government institutions and federal government bodies, as well as civilian personnel of military units, institutions and divisions of federal executive authorities, in which the law provides for military and equivalent service, the remuneration of which is currently time is carried out on the basis of the Unified tariff schedule for remuneration of employees of federal government institutions."

According to Art. 118 of the Labor Code of the Russian Federation (“Annual additional paid leave for the special nature of the work”), certain categories of employees whose work is related to the specific characteristics of the work are granted annual additional paid leave. The list of categories of employees who are entitled to annual additional paid leave for the special nature of their work, as well as the minimum duration of this leave and the conditions for its provision are determined by the Government of the Russian Federation.

There are many nuances in granting leaves to police officers.

The main difference is that, for the most part, police leave is regulated not by the Labor Code, but by Federal Law No. 342, therefore, they have many differences from ordinary ones. Let's look at how they are provided, what types they are entitled to and what is the procedure for provision.

Since employees of the Ministry of Internal Affairs perform work that poses a danger to life and health, the legislation provides for them various benefits, compensation, and the like. Among other things, they are granted increased leave, and in addition to this, they are also entitled to additional leave.

What holidays are available?

Rest for police officers is regulated by Federal Law No. 342. As it states, leaves for employees of internal affairs bodies are provided for the following;

  • additional;
  • for personal reasons;
  • other.

Main holiday

We list the most important rules according to which it will be provided to the police:

  • They must rest every year for 30 days. For the first year of service, the duration will be determined by the number of months worked using a simple formula: the number of days allotted for the year is multiplied by the number of months worked and divided by 12. For example, if an employee has been working since the beginning of May and has worked for 8 months, he will receive: 30 x 8 / 12 = 20 days.
  • If he started service in October, worked for 3 months and thus received: 30 x 3 / 12 = 7.5 days, then these days will not be issued as a separate leave, but instead they should be added to the next one. This is true for all vacations during the first year of work, unless their duration reaches 10 days.
  • If special circumstances arise, it is permissible to postpone the previously agreed and scheduled vacation by order of the manager. If this happens, then the employee must be compensated later - after the circumstances cease to apply and such an opportunity arises, he will receive priority in choosing the time.
  • Additional vacation can be combined with the main one, but there is a limitation - the total duration of the resulting vacation should not be more than 60 days in a row. However, if it takes time to travel to the place where the vacation will be spent, it is not taken into account in its duration, as well as the time for returning.
  • It is also possible to divide the vacation into an arbitrary number of parts, but there is a condition that cannot be violated - the largest part must consist of at least 14 days. And no matter how many parts the employee wishes to divide his vacation, travel time will always be given only once a year.
  • Vacation days over thirty, if the employee wishes, can be replaced with financial compensation. It will be determined based on the amount per day multiplied by the number of days of replacement.
  • If a transfer to another place has occurred, then the remaining unused leave should be provided at the old place, and only if this is not possible, in a new way.

Additional leave for long service

There are several types of additional leave for police officers. This:

  1. For length of service - it is given from the following calculation:
  • for a service life of 10 years or more – 5 calendar days;
  • from 15 years – 10 days;
  • from 20 years – 15 days.
  1. – ranges from 10 days.
  2. For irregular working hours – from 3 to 10 days.

For personal reasons

This type of vacation can be taken any number of times, depending on the circumstances. However, its duration is no more than ten days. We list the circumstances in connection with which it is provided:

  • serious illness or death of a close relative;
  • fire or other natural disaster because of which the employee or his immediate family suffered;
  • the employee requires psychological rehabilitation;
  • other special cases.

In addition, one more leave can be distinguished, also granted for personal reasons, but having other parameters: it is given only to an employee with twenty years of experience or more, at the end of his service - or before retirement (no more than three years before) , or before reduction. It lasts, like a regular one, thirty days, while the salary is retained by the employee. A police officer is entitled to it only once during his entire service. If this right is never exercised, financial compensation is made, calculated in the same way as in a normal case.

Other holidays

In addition to these categories, there are other leaves for police officers. First of all, these are vacations in Russia, but along with them there are also creative ones related to training and others provided for by Russian legislation.

Results

Let us briefly summarize the main features inherent in police leave:

  • If in the first year of service the vacation does not reach ten days, it will simply be added to the next one.
  • You can divide the main vacation, but in such a way that there remains a part that lasts at least fourteen days in a row.
  • Additional rest can be transferred so that it joins the main one, or taken separately - this is determined by the desire of the employee himself.
  • You cannot get a vacation lasting more than sixty days in a row - if an employee has the right to more days, then it will have to be divided into several parts. This rule does not apply to employees working in the Far North or in areas equivalent to it.

Before leaving

It must be provided to the employee upon dismissal, except in cases where he is fired for gross violations of discipline. This vacation period is sometimes compensated by a monetary payment, and its duration is equal to the standard vacation of a police officer - 30 days. But to get it you need to have 20 years or more of experience.

When dismissing at the request of the employee, vacation may also be granted, but this will depend on various circumstances. This is described in detail in Federal Law No. 342 (Article 56, Part 11).

Note important fact: in this case, the employee’s service ends on the day before the start of the vacation, that is, it will no longer be possible to extend it as usual.

Submission procedure

Applying for a police holiday is quite simple, in a few steps:

  1. Served.
  2. A schedule is drawn up and approved by management.
  3. An order is issued.

After the report is confirmed by an order from management, the employee can go on vacation within the agreed period and receive the payments due to him.

A sample report is attached to the article. It must contain:

  1. A hat with the name of the unit and the full name of the chief.
  2. The text of the report with a request for leave, indicating its type, duration and other important parameters.
  3. Full name of the employee, his position, signature and date.

But even after approval, transfer may occur. Possible reasons for it:

  • temporary disability;
  • the need to perform official duties while on vacation;
  • other cases provided for by law.

A transfer is also possible, which the employee himself applied for, since certain circumstances arose due to which he needed to shift the start date of his vacation.

For the reasons stated earlier, it can also be done as compensation for time taken from the police officer.

Even after an employee has gone on vacation, there is a possibility that he will be called back to perform his official duties before he has completed his entire allotted time off.

However, two conditions must be met:

  • he consented to this;
  • carried out with the consent and by order of his immediate superior.

As Federal Law No. 342 (Article 64) states, calling a police officer is allowed only when his absence does not allow the organization to fulfill its duties properly.

Due to the fact that employees of the Ministry of Internal Affairs are subject to a wide range of powers that involve risks to health and life, the state guarantees employees an expanded range of benefits and compensation. The guarantees also apply to vacations. Let's find out whether the Ministry of Internal Affairs is entitled to compensation for vacation.

Family leave for employees of the Ministry of Internal Affairs

An employee of the Ministry of Internal Affairs has the right to submit a report before going on basic and additional official leave. Basic annual leave is provided according to the schedule and is paid from the department’s budget. Additional vacations are of the following types:

  • for family reasons;
  • for length of service;
  • upon retirement;
  • provided to combat participants;
  • newborn care;
  • during pregnancy;
  • to complete the session;
  • creative;
  • without saving.

If an employee of the Ministry of Internal Affairs wishes to go on leave for family reasons, he must explain the reasons for going on vacation to his superiors so that management can determine the duration of the vacation. In any case, current legislation prohibits approval of the duration of such leave for more than 10 days, including weekends.

Leave for an employee of the Ministry of Internal Affairs at the birth of a child

A type of additional leave granted for family reasons is leave for the birth of a child in a police family. If the father of a newborn is in the police, the authorities will release him for a maximum of 10 days.

If the child’s mother is a police officer, she will have to go on maternity leave from birth until the child is one and a half years old, and then until the child reaches three years of age - as is the case with any other employees of budgetary and commercial enterprises.

Until the child turns 1.5 years old, his mother will receive benefits on a general basis, provided to provide the child with everything necessary during the vacation period.

Duration of the main annual leave of a police officer

Unlike enterprise employees, employees of the Ministry of Internal Affairs rest not 28, but 30 calendar days, excluding weekends and holidays. Each day of rest will be fully paid for by the department.

The time for each police officer to go on vacation is approved by superiors and is reflected in the vacation schedule drawn up for the year in advance. An employee of the Ministry of Internal Affairs must go on vacation no later than 10 days after the planned date. If some part of the vacation was not used, it is transferred to the future, but you need to have time to rest in the 1st quarter of the new year (until March inclusive).

Long service leave for police officers

When the period of service in the Ministry of Internal Affairs reaches 10 years, the police officer acquires the right to receive additional leave for length of service. Its duration will depend on the service life:

  • for 10 years of service, 5 calendar days of vacation are due;
  • for 15 years – 10 days of rest;
  • for 20 years – 15 days.

Additional leave will be added to the annual leave and days off will be taken into account when calculating the length of additional leave. But if a police officer has earned the opportunity to rest an additional 10-15 days, he has the right to use the rest time separately from the main vacation.

Presidential leave for employees of the Ministry of Internal Affairs

Like all other employees of law enforcement agencies, police officers are given a so-called presidential rest period of 30 days, intended to recuperate after completing tasks to protect the Russian state system. To go on such leave, you must obtain a doctor’s report on the need to improve your health.

Compensation for vacation of the Ministry of Internal Affairs in case of unused vacation

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 compensated.

In practice, compensation for leave that was not used during the period of service is paid only upon dismissal from the internal affairs bodies. If vacations from previous years, basic or additional, were not used, they are also subject to compensation.

Difficulties arise in the payment of compensation for the unused part of the vacation in the year when the dismissal of a police officer is formalized. The fact is that upon dismissal, only those employees who were dismissed can receive compensation for unused annual paid leave:

  • due to retirement due to long service;
  • in terms of performance to the maximum possible age to serve in the police department;
  • due to deteriorating health;
  • to reduce the position the employee held;
  • due to the end of the police officer’s tenure at the disposal of the territorial executive body of the police department, division or federal body;
  • due to the detection of a disease;
  • due to violation of the terms of the employment contract by an authorized manager;
  • due to the lack of possibility of transfer or due to the police officer’s refusal to transfer to another position in the police department;
  • due to refusal to transfer to another position, the need for which is caused by close relationship or affinity with the authorities.

If a police officer is fired for other reasons, he will be paid compensation for unused vacation in proportion to the length of service in the year of leaving work.

A police officer has the right to claim compensation for unused additional rest that should have taken place in the year of dismissal, calculated in proportion to the length of service in the year of dismissal, if the rest was due:

  • for working under irregular working hours;
  • for work under special conditions;
  • for performing official duties in harmful and dangerous conditions;
  • for length of service in the police department.

Legislative acts on the topic

Common mistakes

Error: An employee of the Ministry of Internal Affairs working in the Far North region demands that his additional leave be replaced with monetary compensation.

For me, as an employee of the Ministry of Internal Affairs, for many years of work experience and the performance of a fairly wide range of official, often dangerous powers, the law has established special guarantees, different compensation plans and preferential offers.

One of the most common guarantees is the provision of holidays on particularly comfortable and favorable conditions. In the article I will describe what categories of rest are available to employees in our field, what is the peculiarity of vacation benefits, and how to draw up a report for the next days of rest. Each part of the question will be considered in as much detail as possible.

All employees of an official department, without exception, are provided with two types of vacation, based on a well-written report - main and additional vacations. The main category includes annual paid vacation. Additional ones include:

  • Going on leave for family and personal reasons, a wedding, for example;
  • Yearly service;
  • For a study session at a university;
  • Creative vacation;
  • Official maternity leave and subsequent child care;
  • Rest for participants in combat operations;
  • Retirement.

The duration of vacations in the additional category can be different - unplanned, if family circumstances require it, and planned according to the terms, for example, fully paid educational leave.

As for the duration of rest, it is determined by the manager of the structural department in which the employee works, and personal circumstances and the current life situation also matter. The legislation sets its own time limits for vacations - no more than 10 days, taking into account standard days off.

Maternity leave

One of the most common vacation options classified as family reasons is the birth of a baby. In this case, the father is given up to 10 legal days of rest, but the more precise time is determined by the management.

If a female employee of the Ministry of Internal Affairs goes on maternity leave, she is given rest until the baby turns three years old. The employee is entitled to financial support until the child is one and a half years old. This rule is provided for by modern legislation.

The temporary period of the main vacation is 30 days. The period provided does not include holidays and Sundays, but Saturdays are included in the number of days. In the generally accepted vacation system for employees of the Ministry of Internal Affairs, the period of required rest is distributed according to a special schedule. It is compiled a year in advance.

Departure is made later than the 10th day of the month that was planned according to the established schedule. It is important to have time to use the non-use of the main legal vacation time in the current reporting year in the first quarter of the next reporting year. This right is valid until March.

The main leave is fully paid for employees of the Ministry of Internal Affairs.

Duration of additional leave

After 10 years of continuous service in the departments of the Ministry of Internal Affairs, a person acquires the legal right to use additional days for vacation. This is a kind of reward for length of service, and its duration in days is calculated in direct proportion to the years worked:

  1. 10 years – 5.
  2. 15 full years – 10.
  3. 20 years worked – 15.

In the process of granting this form of leave, both days off are taken into account in mandatory. According to generally accepted rules, an additional plan vacation is given simultaneously with the main one only if we are talking about a 5-day vacation period. Employees of the Ministry of Internal Affairs, who have the official right to additional 10 and 15 days, can take them separately from the main leave.

Presidential leave

This form of rest is provided to restore physiological reserves after completing tasks related to the protection of the general state system of the Russian Federation. The total duration of such a vacation is exactly 30 days. The official basis for receiving this form of leave is a medical report received at the clinic.

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 northern regions, the law provides for payment of travel to other more comfortable vacation spots.

Documents for required leave

Leave to employees of the Ministry of Internal Affairs organization is granted on the basis of such important documents as:

  1. A report written personally by a law enforcement officer. It is drawn up in a special form.
  2. A vacation schedule drawn up and officially approved by the governing body.
  3. Official order from the manager.

Vacation or receipt of appropriate compensation is possible only after a confirmed official report. This factor is confirmed by a special order.

Rules for drawing up a vacation report

Writing a report is quite simple. At the very top of the document there is a standard header, where the name of the department and the full name of the manager are noted. The text of the report itself is written in the central part. The reason for taking the next vacation, its category and other information are written down here.

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.
The maximum time for transferring vacation in such a situation cannot exceed the required 10 days.

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 concerning the onset of temporary disability. Vacation with this factor can be postponed without problems to the desired time period. Regarding sick leave, then this document, issued on the basis of the child’s incapacity for work, is not renewed.

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 the 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.

Vacation calculation rules

There is enough large number features that relate to the calculation of frequency and vacation time for government employees. They must be taken into account in order to avoid possible mistakes. First of all, it is important to pay attention to the features of calculating annual leave. Here are the most basic of them:

  1. The main one is exactly 30 days.
  2. For official length of service, 15 days are required.
  3. Weekends – no more than 10 days.

So, the total duration of rest time for an employee of the Ministry of Internal Affairs in such a case cannot exceed 55 days per year. As an addition, the time period of rest may include the time required to travel to the place of rest.

Leave for employees of the Ministry of Internal Affairs is paid until the date of release. Usually the transfer of funds is carried out on the last working day, no later.

Summing up

The vacation of employees of the Ministry of Internal Affairs is associated with a large number of important nuances. Most of them relate to the calculation of rest time, its payment and registration. They must be taken into account in order to avoid certain complex and controversial situations.