For employees, the word “leave” would have become a familiar thing. Leave is one of the rights for civil servants, and also for private employees. The government as well as private companies that employ employees and employees are also obliged to fulfill these leave rights. This time, we will discuss the civil service leave regulations.
Contents lll
Definition of Leave
The meaning of leave is a condition of absence from work which is permitted within a certain period of time.
The purpose of leave
The purpose of the leave is to provide opportunities for rest for the Civil Servants (PNS) in order to ensure physical and spiritual freshness. So, this leave aims generally in the interests of the relevant civil servants.
The official in charge of giving time off
For Civil Servants, this leave is indeed a right. However, to get this leave, written permission is required from the authorities who are authorized to give leave. Without a permit, the condition of not coming to work cannot be called leave.
Therefore, before taking leave rights, civil servants must submit a request for leave to the authorized official. The official authorized to give the leave is:
- The Leadership of the Highest / Highest State Institution for the Leadership of the Secretariat of the Highest / Highest State Institution
- Minister, Attorney General, Head of Non-Departmental Government Institutions, Head of Secretariat of the Supreme State / State Higher Institutions and other Officials determined by the President for Civil Servants in their sphere of authority
- Indonesian Representative Head of Foreign Affairs
- This authority can be delegated (unless otherwise determined by law).
Types of Leave Types
There are many types of leave that civil servants can get. The types of leave include: Annual leave; Large leave; Sick leave; Maternity Leave; Leave for Important Reasons; Leave Outside the Dependency of the State.
During the leave of absence, the Civil Servant concerned will continue to receive full income, except for large leave and leave outside the state’s responsibility.
Various types of leave can be obtained by civil servants with certain terms and conditions that must be met. The following is a description of the types of leave available.
1. Annual leave
Every Civil Servant who has worked for at least 1 (one) year continuously has the right to receive annual leave.
The length of annual leave that can be obtained is 12 (twelve) working days. However, each time you take annual leave may not be less than 3 (three) working days. That is, each annual leave taken cannot be broken down to a period of less than 3 (three) working days.
Annual leave is carried out in places that are difficult to connect, so the annual leave period can be added for a maximum of 14 (fourteen) days including holidays. With the provisions not valid for annual leave taken less than 12 (twelve) working days.
To be able to obtain the right to annual leave, the relevant Civil Servants must submit a written request to the official authorized to grant the leave. This annual leave can be given in writing by the official authorized to provide leave.
Annual leave not taken within the period of the year concerned, it can be taken in the following year for a maximum of 18 (eighteen) working days including annual leave in the current year.
Annual leave not taken for more than 2 (two) consecutive years, can be taken again in the following year for a maximum of 24 (twenty four) working days including annual leave in the current year.
The proposed annual leave may be suspended for implementation by an official authorized to grant leave, for a maximum period of 1 (one) year, if there is an urgent service.
Suspended annual leave as referred to above can be taken in the following year for 24 (twenty four) working days, this number includes annual leave in the current year.
Civil Servants who become teachers at schools and lecturers at universities who get a vacation according to the applicable laws and regulations, do not have the right to annual leave.
2. Large leave
While carrying out large leave, the Civil Servants concerned can still receive full income, except for office allowances if they are entitled to office benefits, then these benefits are not accepted.
Large leave can be taken by civil servants who have worked for at least 6 (six) years continuously without interruption. This large leave is 3 (three) months including annual leave in the year concerned.
Civil Servants undergoing large leave are no longer entitled to their annual leave entitlements in the year concerned.
To be able to get a large leave, the relevant Civil Servant submits a written request to the official authorized to provide the leave.
Large leave is given to civil servants in writing by the authorized official to provide leave.
Implementation of large leave can be suspended by the competent official, for a maximum period of 2 (two) years, if it is deemed to have urgent business interests.
During a large leave, the Civil Servant concerned continues to receive full income.
3. Disease
Civil servants who are sick for 1 (one) or 2 (two) days, then he must notify his superiors.
Civil Servants who are sick for more than 2 (two) days up to 14 (fourteen) days are entitled to sick leave, provided that the relevant Civil Servant must submit a written request to the official authorized to grant the leave, by attaching a doctor’s certificate .
Civil Servants who have been ill for more than 14 (fourteen) days, they are entitled to sick leave, provided that the relevant Civil Servants must submit a written request to the official authorized to provide leave, by attaching a doctor’s certificate appointed by the Minister Health.
Sick leave can be granted for a maximum period of 1 (one) year and can be extended or added for a maximum period of 6 (six) months based on a certificate from a government doctor or private doctor appointed by the Minister of Health.
Doctor’s certificate taken for more than 14 days, among others must state the need to be given leave, duration of leave and other information deemed necessary. This sick leave can be granted for a maximum period of 1 (one) year.
The period of sick leave taken up to 1 (one) year can be increased for a maximum period of 6 (six) months, if deemed necessary based on the doctor’s certificate appointed by the Minister of Health.
Civil Servants who do not recover from their illness within a period of one year to one year and six months, must be re-tested for their health by a doctor appointed by the Minister of Health.
If based on the results of health tests carried out, showing that the relevant Civil Servant has not recovered from his illness, then he is honorably dismissed from his position due to illness, and by getting a waiting fee based on applicable laws and regulations.
Female civil servants who experience miscarriage are entitled to sick leave for a maximum period of 1 ½ (one and a half) months.
To be able to get permission for maternity sick leave, the female Civil Servant concerned must submit a written request to the authorized official to provide leave by attaching a doctor’s or midwife’s certificate.
Civil Servants who have an accident in and because they are carrying out their duties, so he needs to be treated so he is entitled to sick leave until he recovers from his illness.
During their sick leave, the Civil Servants concerned are still entitled to receive full income.
Sick leave due to assignment is given in writing by an authorized official to give leave.
Also read: Examples of Application for Pregnant and Maternity Leave Civil Servants
4. Maternity Leave
The right to maternity leave can be granted for the delivery of the first, second and third child, for female civil servants.
For childbirth fourth and so on, female civil servants can be granted leave outside the responsibility of the State. Requests for leave outside the responsibility of the state for childbirth cannot be denied. In addition, the woman’s civil servant in question is not released from her position, in other words her position cannot be filled by another person.
This type of leave does not require approval from the head of BAKN. The duration of leave outside the responsibility of the state for labor is the same as the length of maternity leave. During the leave of absence outside the responsibility of the state, the civil servant concerned does not receive income from the state and his tenure is also not counted as a civil servant’s tenure.
The duration of maternity leave is 1 (one) month before and 2 (two) months after delivery.
To get maternity leave, the female Civil Servants concerned must submit a written request to the authorized official to provide leave.
Maternity leave is given in writing by the official authorized to provide leave.
As long as the female civil servant is on leave, the relevant civil servant receives full income.
5. Leave For Important reasons
Leave due to important reasons is based on PP No. 24 of 1976
What is meant by leave for important reasons is leave because of the reasons for: there
- mother, father, wife / husband, children, younger siblings, sisters, parents-in-law, or sons-in-law who are seriously ill or have died.
- one of the family members mentioned above died and according to the provisions of applicable law, the relevant Civil Servant must take care of the rights of the family member who died.
- the first marriage;
The duration of leave for important reasons can be determined by the official authorized to grant leave, for a maximum period of 2 (two) months.
To be able to get leave for important reasons, the Civil Servants concerned can submit a written request by stating what the reasons are for the authorities authorized to provide leave.
Leave due to important reasons is given in writing by the official in charge of giving leave.
In matters of urgent matter, which prevent the relevant Civil Servant from being able to wait for the decision of the official authorized to grant leave, the highest official in the place of the relevant Civil Servant works, may provide temporary permission to carry out leave for important reasons.
The granting of a temporary permit in an urgent matter must be immediately notified to the official authorized to give leave by the official who granted the temporary permit.
The official in charge of giving leave after receiving a temporary permit notification in case of urgency, may provide leave for important reasons to the relevant Civil Servant.
While on leave for important reasons, the relevant Civil Servant will still receive full income.
6. Leave Outside the State Dependency
Leave outside the responsibility of the state is basically not a right. Therefore, requests for leave outside the responsibility of this country may be granted or refused by the authorized official, for the benefit of the service.
To Civil Servants who have worked for at least 5 (five) years continuously, due to important and urgent personal reasons, leave can be granted outside the responsibility of the State.
Leave outside the responsibility of the State can be granted no more than 3 (three) years.
The period of leave outside the responsibility of the State can be extended for a maximum of 1 (one) year if there are important reasons to extend it.
Leave outside the responsibility of the State carried out resulting in the Civil Servants concerned freed from his position, except for childbirth of a fourth child and so on.
Positions that become vacant because of the provision of leave outside the responsibility of the State can be filled immediately.
To get leave outside the responsibility of the State, the relevant Civil Servant must submit a written request to the official authorized to grant leave with reasons for this.
Leave outside the responsibility of the State can only be granted with a decree of the official authorized to give leave, if it has been approved by the Head of the State Civil Service Administration Agency.
During the leave of absence outside the responsibility of the State, the relevant Civil Servant is not entitled to receive income from the State.
During the leave of absence outside the responsibility of the State, this period does not count as a term of service for the Civil Servants.
Civil Servants who do not report themselves back to their parent agencies after they have finished or have finished their leave outside the responsibility of the State, then they are honorably dismissed as Civil Servants.
Civil Servants who report themselves to their parent agencies after they have finished or have finished their leave outside the responsibility of the State, then:
- if there is a vacancy, it can be re-placed;
- if there are no vacancies, the head of the relevant agency must report it to the Head of the State Civil Service Administration Board for possible placement in another agency;
- if placement in an agency is not possible, the relevant Civil Servant is dismissed from his position due to excess by obtaining employment rights according to the applicable laws and regulations
