Why Public Servants Cannot Use Up Their Paid Leave When Resigning: The Decisive Difference from the Private Sector
As someone who passed the Labor and Social Security Attorney examination while working as a public servant, I am writing this time about "using up paid leave upon resignation."
I am scheduled to resign at the end of this March.
And right now,
I am heading into March with over 20 days of paid leave remaining.
In the private sector, it was 'When will you start your leave?'
When I left the auto parts manufacturer where I previously worked, the company said only one thing to me.
"If you're taking all your paid leave, when will you start your time off?"
Once the handover was finished, all that remained was to confirm the dates.
Annual paid leave is
a right guaranteed by Article 39 of the Labor Standards Act.
Once the resignation date is set, it is practically possible to take it in almost all cases.
The premise was "how to make the employee take it."
In the public sector, there is no 'actual successor' yet
On the other hand, in my current public service workplace,
I expressed my intention to resign in December,
and I submitted my handover documents in February.
However,
• The actual successor is not decided until the internal announcement at the end of March
• The current handover is a temporary measure
• Duties are transferred to the deputy
The deputy's main duties are public relations and statistics.
If their burden increases any further, things clearly won't function.
In that situation,
could I say, "I'm taking all of March off"?
Honestly, it was difficult.
It is possible under the system
Annual leave for local public servants is
guaranteed by the Local Public Service Act and ordinances.
Theoretically, it is possible to take it.
However, the system and reality do not align.
The barrier of fiscal year-end personnel changes
Public sector personnel changes are fundamentally effective as of April 1st.
In other words,
• Resigning employees remain on the payroll until the end of March
• The actual successor is announced at the end of March
• The substantive handover happens after April
This system
creates a structure where it is difficult for resigning employees to take leave.
The decisive difference from the private sector
The difference is not in the law.
1. High degree of personalization of tasks
There are many tasks that only the person in charge understands.
2. Design that does not assume resignation
It operates on the premise that "no one will quit."
3. Concentrated work at the end of the fiscal year
Work piles up in March.
The private sector is designed on the premise that resignations always occur.
The public sector is not.
This is the decisive difference.
I am scheduled to resign with over 20 days remaining
I do feel like I am losing out.
But more than that,
• Not overwhelming the deputy
• Not leaving a minefield for the actual successor
• Not letting the end of the fiscal year collapse
I prioritized these judgments.
If I had wanted to take the leave, it might have been possible under the system.
But,
whether you can take it and whether the structure allows you to take it are different things.
I am feeling this firsthand right now.
Conclusion
Why can't public servants use up their paid leave when they resign?
It is
not a lack of individual courage.
It is a problem of organizational design and personnel systems.
I have not resigned yet.
I don't know if leaving with these 20+ days of paid leave remaining is the right answer.
But at the very least,
I do not think "it is my fault for not being able to take it."
I believe the structure that prevents the use of paid leave is what needs to be reviewed.
As a postscript, as of 3/28.
On the 27th, I was there until 1:00 AM for handovers, preparing national report documents, and answering surveys.
On the 28th and 29th (Saturday and Sunday), I am doing new fiscal year account creation, terminal preparation...