Did you know that public servants at federal level can request leave to undertake postgraduate studies?
We spoke with Vinicius, People Development Coordinator of the People Management Directorate for the Ministry of Economy and he explains to us in this article a little more about how this separation works.
Is this benefit provided for by law?
The general rules for executive branch employees are defined by Decree 9,991/2019, with its amendments, by Normative Instruction SGP/ENAP n. 21/2021 and by law 8.112/90, comments Vinicius. They provide certain incentives for employees to continue qualifying and improving their technical knowledge.
Paid leave is among them, however, this benefit has some requirements to be granted, as we will explain further throughout the article.
Types of eligible postgraduate courses
The employee must choose to attend a stricto sensu postgraduate course to be eligible for leave. This means that the person must attend a master's, doctoral or post-doctoral program.
Minimum length of prior service
To request permission to undertake a stricto sensu postgraduate course, the employee must have a minimum length of service in a tenured position, which varies depending on the program they wish to pursue. For a master's degree, the minimum period is 3 years and in the case of doctorates and post-doctorates, the minimum period is 4 years.
Furthermore, for master's and doctorate degrees, the worker cannot have taken leave from their position in the previous two years; for postdoc, no leave can have been taken in the last 4 years.
Post-leave working time
After taking leave to undertake the postgraduate program, the civil servant has the duty to remain at the public institution for at least the same time as the leave. In other words, up to 24 months for a master's degree and up to 48 months for a doctorate and post-doctorate.
Are these rules valid for the organization where I work?
The rules mentioned in the law apply to all public bodies of the direct, autonomous and foundational federal public administration, but it is important to check the specific regulations of the body in which you work.
As Vinícius explains, "the bodies of the Federal Executive Branch must follow the instructions in decree 9,991/2019 of IN 21. Furthermore, each body can also have its own internal regulations, as long as they do not conflict with these general rules".
What is the process for requesting leave?
As a rule, this request must be formulated by the server. There must be authorization from your immediate supervisor and the competent authority to publish the concession act. Furthermore, "before the leave is granted, the process is analyzed by the people management area to verify compliance with legal acts (decree 9991/2019, IN 21/2021 and law 8112/90)", says Vinicius.
Will I continue to receive my salary?
To answer this question, see what art says. 18 of Decree 9991/19:
§ 1 In cases of absence for a period exceeding thirty consecutive days, the public servant:
I - will request, as the case may be, dismissal or dismissal from the commission position or position of trust eventually held, from the date start of leave; and
II - will have suspended, without implying exemption from the concession, the payment of installments relating to bonuses and additional payments linked to the activity or place of work and which are not part of the basic remuneration structure of their effective position, counting from the starting date of removal. (Wording given by Decree No. 10,506, of 2020)
§ 2 The provisions of item II of § 1 do not apply to installments legally linked to the individual performance of the effective position or to institutional performance.
Interesting, isn't it? Therefore, if you are a public servant and are interested in specializing, consult your agency for specific requirements to request leave and good studies!
