Did you know that federal public servants can request leave to pursue postgraduate studies?
We spoke with Vinicius, Coordinator of People Development at the Human Resources Management Directorate of the Ministry of Economy, and he explains a little more about how this leave of absence works in this article.
Is this benefit provided for by law?
The general rules for civil servants in the executive branch are defined by Decree 9.991/2019, as amended, by Normative Instruction SGP/ENAP No. 21/2021, and by Law 8.112/90, Vinicius comments. These regulations include certain incentives to encourage civil servants to continue their professional development and improve their technical knowledge.
Paid leave is among them; however, this benefit has some requirements to be granted, as we will explain in more detail throughout the article.
Types of eligible postgraduate programs
The employee must choose to pursue a stricto sensu postgraduate degree to be eligible for leave. This means they must enroll in a master's, doctoral, or postdoctoral program.
Minimum prior service time
To request leave to pursue a postgraduate degree (stricto sensu), the employee must have a minimum length of service in a tenured position, which varies depending on the program they wish to attend. For a master's degree, the minimum period is 3 years, and for doctoral and postdoctoral studies, the minimum time is 4 years.
Furthermore, for master's and doctoral degrees, the employee cannot have taken leave from their position in the previous two years; for postdoctoral studies, no leave can have been taken in the last 4 years.
Work time after leave
After enjoying leave to pursue a postgraduate program, the employee has a duty to remain at the public institution for at least the same amount of time they took leave. That is, up to 24 months for a master's degree and up to 48 months for a doctorate and postdoctoral degree.
Do these rules apply to the organization where I work?
The rules cited in the law apply to all public bodies of the direct, autonomous, and foundational federal public administration, but it is important that you check with the specific regulations of the body in which you work.
As Vinícius explains, “the bodies of the Federal Executive Branch must follow the instructions of decree 9.991/2019 of IN 21. In addition, each body may also have its own internal regulations, as long as they do not conflict with these general rules.”
What is the process for requesting leave of absence?
As a rule, this request must be made by the employee. Authorization from their immediate supervisor and the competent authority for publication of the granting act is required. Furthermore, “before granting the leave, the process is analyzed by the human resources department to verify compliance with legal requirements (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 Article 18 of Decree 9991/19 says:
§ 1 In cases of absence exceeding thirty consecutive days, the employee:
I – will request, as the case may be, the exoneration or dismissal from the commissioned position or position of trust that he/she may hold, starting from the date of commencement of the leave; and
II – The payment of installments related to bonuses and allowances linked to the activity or workplace and that are not part of the basic remuneration structure of their permanent position will be suspended, without implying the waiver of the concession, counted from the date of commencement of the leave. (Wording given by Decree No. 10.506, of 2020)
§ 2 The provisions of item II of § 1 do not apply to portions legally linked to the individual performance of the permanent position or to institutional performance.
Interesting, isn't it? Therefore, if you are a public servant and are interested in specializing, check with your agency for the specific requirements to request leave of absence, and good luck with your studies!
