Academic leave at work labor code. Who is entitled to study leave and how to provide it

When combining work and study, the employee has the right to be granted study leave by the employer. It is in no way connected with the main vacation, but can be attached to it. Depending on the form of training and the category of education received, the employee will have paid study leave or not.

The first page of the summons certificate is attached to the application. The second part is given to the employer after the employee visits an educational institution, passes a session, entrance exams or defends a thesis. This certificate confirms that the employee did not use his vacation in vain. That is, he successfully studies at an educational institution and has the right to receive the next vacation if necessary.

Providing study leave upon receipt of the first higher education

Upon receipt of the first higher education, the employer is obliged to pay the employee study leave if:

• he is studying part-time or part-time;
• The educational institution has state accreditation.

An employer can provide an employee with study leave even if the educational institution does not have state accreditation. But such a provision must be spelled out in a collective agreement or in another local regulatory act of the employer.

The employer is obliged to pay the employee:

• 40 calendar days of paid leave to pass the exam in the first two years of study;
• 50 calendar days of paid leave to pass a session in subsequent courses;
• up to 4 months of paid leave to undergo state accreditation and defend a thesis.

The employee goes on vacation on the basis of an application, the attachment to which is the first part of the summons certificate. The form of the certificate was approved by the Ministry of Education of Russia by order No. 1368 of December 19, 2013. The application is written in any form.

An employer does not have the right to refuse to grant an employee study leave. This is a violation of labor laws.

Many students or students of specialized institutions find employment before receiving their diploma. Or the employer can send his employee to advanced training or additional education courses. How to properly register and pay for study leave? Let's consider the nuances of arranging a session for your employee.

Features of granting study leave

If the employer approves, then another may be added to the student leave. There are also cases when study leave falls during the next one. The legislation does not provide a precise explanation of how to get out of this situation, but practice shows that if the beginning of one and the other coincides, the annual leave is transferred to another date. If a summons from an educational institution arrives during a regular vacation that has already begun, then, with the consent of the manager and on the basis of Article 125 of the Labor Code of the Russian Federation, it is interrupted, and the employee can take the rest of his planned vacation later.

A part-time worker who works for several employers at once is given leave to pass the exam or defend his diploma only at one place of work, at the employee’s choice. At the same time, he can continue to work at his second job. If an employee falls ill during student leave, the leave is not extended, and sick leave is not paid (Clause 1, Article 9 of Federal Law No. 255-FZ).

If a fixed-term contract is concluded with an employee, then, according to Art. 79 of the Labor Code of the Russian Federation, it is interrupted on the day when the established period expires. A temporary worker going on study leave is not provided with any guarantees under the Labor Code.

A temporary worker going on study leave is not provided with any guarantees under the Labor Code.

Student leave is a valid reason for an employee’s absence from his or her workplace, and the number of days is reflected in the summons certificate from the educational institution.

If an employee is just getting a job and is on a probationary period, according to Art. 70 of the Labor Code of the Russian Federation, all legally established rights apply to him, so he can also take study leave.

Some employers try to entrust him with some production matters during the employee’s student leave, but business trips or recall from such leave are not provided for by law. Also, during the vacation period, an employee cannot be laid off or fired (), unless he can leave of his own free will.

Responsibility for refusal of leave

If employers do not release their employees to the session, the employee can contact the labor inspectorate. In this case, management bears administrative responsibility. According to Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, individual entrepreneurs can receive a fine from 1000 to 5000 rubles.

If you deny an employee a student leave, you face a fine of 1,000 to 5,000 rubles.

If the employee did not provide the manager with a summons certificate because he missed the session or was expelled, the order for study leave can be canceled and vacation payments returned through the courts. To cancel an order, you need an act drawn up arbitrarily in front of witnesses, in which the employee indicates his refusal to take leave and the reason for his inability to provide a summons certificate. You can see an example of canceling a vacation order.

When you hire an employee who is pursuing education along the way, be prepared for the fact that you will have to provide and, in most cases, pay for additional leave. The basis for leave will be a summons certificate. If it is not there, then you can be denied leave.

According to the provisions of the Labor Code of the Russian Federation Only those students who:

• are engaged in obtaining their first higher education (Part 1 of Article 177 of the Labor Code of the Russian Federation);
• study in educational institutions that have state accreditation (Part 1 of Article 173 of the Labor Code of the Russian Federation);
• study well.

All rights of a working student are guaranteed and secured by Chapter 26 of the Labor Code of Russia, and are also protected by Law 273-FZ “On Education”.

Workers studying can count on academic leave:

1. in higher educational institutions (Article 173.1 of the Labor Code of Russia);
2. in institutions of secondary vocational education (Article 174 of the Labor Code of Russia);
3. at the evening department (Article 176 of the Labor Code of Russia).

The employer must provide this group of working students with academic leave, regardless of the length of their work experience. According to Part 1 of Art. 287 of the Labor Code of Russia, an employee can receive academic holidays only at his main place of work. In the case of receiving two degrees, the student is entitled to leave only one at a time.

Article 287 of the Labor Code of the Russian Federation. Guarantees and compensations for persons working part-time

Guarantees and compensations for persons combining work with education, as well as persons working in the Far North and equivalent areas, are provided to employees only at their main place of work.

Other guarantees and compensations provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations are provided to persons working part-time in full.

Who pays an employee for distance learning?

Vacation pay is paid entirely by the employer. Employees with “student” status are paid in the same way as regular paid leave. A working student must write a statement addressed to the management.

Can an employer avoid such an obligation?

To the question whether the employer, that is, the organization in which the part-time student works, is obliged to pay for student leave, the answer will be unequivocally affirmative. The supervisor cannot refuse to grant and pay for educational leave to a working student. If an employer does not give and, especially, does not pay for study leave, this is regarded as non-compliance with labor laws.

Exceptions

There are exceptions in which the employer does not have to pay for academic holidays for student employees, for example:

• the employee has full-time education;
• the educational institution does not have state accreditation;
• poor employee performance;
• the period for taking exams for preparatory departments of universities and entrance exams to various educational institutions is not paid;
• acquisition of a second higher education (Article 177 of the Labor Code of Russia).

Additional provision

Working students who receive higher education in part-time and part-time departments are required to be provided, in addition to the regular one, with additional leaves, while maintaining their wages. How many days in a year, we will consider below.

When passing the final examination papers:

To pass the final state examination papers, the employer is obliged to allocate and pay for four months. In addition to employees receiving higher education, other employees also have the right to receive three months for passing their dissertation, in addition to the regular vacation.

For working students who receive education at colleges and technical schools on part-time and evening courses, management is obliged to give additional time off while maintaining their pay. When passing the final examination papers:

• in the first two courses - thirty days;
• in the third and higher courses - forty days.

When passing the final state examination papers, sixty days are allowed, according to the student plan.

In most cases, citizens who combine work and study do not even know about their main rights, namely the existence of paid study leave. Unscrupulous managers take advantage of this. But if an employee knows the Labor Code, he will always be able to defend and defend his rights.

Many people look for their calling even after they go to work. You can receive your first or subsequent education without interrupting your work. We will tell you in this article how study leave is paid for part-time students.

Study leave is granted if the employee receives education at one of the following types of institutions:

• technical school, college or other vocational education institution;
• evening general education school.

If an employee receives education simultaneously in two institutions, then leave from work can only be granted to undergo educational activities in one of them at the student’s choice. In this case, the employee must undergo training either part-time or part-time.

Conditions for granting study leave

Study leave is granted subject to several conditions:

• the employee receives his first education;
• leave is granted to take exams or write a diploma;
• a working student studies successfully;
• The educational institution where the employee studies has state accreditation.

The duration of vacations is established by Law No. 125-FZ on higher and postgraduate education, and the maximum duration of such vacations is specified in the Labor Code.

The employer provides study leave without fail, regardless of how long the employee has worked in this organization. Leave is provided to those who work both under a fixed-term contract and under an employment contract for an indefinite period.

As a general rule, study leave for working students is granted only at their main place of work. If a part-time student works part-time (it doesn’t matter whether it’s within the same organization or if it’s an external part-time job), then he can be granted leave at his own expense, and study leave only if this is appropriately stipulated in the employment contract.

How to apply for study leave

To go on study leave, a working student must provide a summons certificate issued by the educational institution, which must indicate the timing and purpose of such leave (induction or examination session, diploma defense, etc.). The student attaches this certificate to the application addressed to the supervisor. Otherwise, the registration of study leave does not differ from regular annual paid leave.

How is study leave paid?

Study leave granted to a working student receiving education at this level for the first time is paid in the same way as regular annual leave. In case of receiving a second or subsequent higher or professional education, leave is provided without pay. Study leave for obtaining a second higher education may be paid if the employee was sent to this study by the employer.

Payment for study leave - how is study leave paid?

How not to pay an employee for study leave

Expert Advice - Work and Career Consultant

Photos on the topic

An employee who combines work with study is granted additional leave while maintaining average earnings. They are given for preparing and passing examination sessions and final state exams. But there are a number of cases when companies do not pay for such vacations. Just follow these simple step-by-step tips and you will be on the right track when solving your work and career issues.

How not to pay an employee for study leave - study leave 05/02/2012

Quick step by step guide
So, let's look at the actions that need to be taken.

Step - 1
Study leave is not paid if the worker receives an education of the appropriate level not for the first time, that is, this is his second higher education, etc. And if this fact is not provided for in the training agreement, which is concluded in writing between the employee and the employer.

Are employees paid for study leave during distance learning?

But at the same time, this type of restriction does not apply to student workers who already have a professional education at the appropriate level and are aimed at training on the initiative of the employer company itself. This agreement must be in writing. Having such a written agreement, the employee has the right to apply for educational leave, despite the fact that this is not the first education. Next, move on to the next step of the recommendation.

How not to give study leave - leave at your own expense 05/02/2012

Step - 2
Also, absence from the enterprise to take sessions and exams will not be paid for an employee who combines work with training in two educational institutions at the same time, because according to the law, guarantees and compensation can only be provided when studying in only one of these educational institutions . And which one of them is up to the employee’s choice. The basis for this is Art. 77 Labor Code of the Russian Federation. Next, move on to the next step of the recommendation.

Step - 3
You need to know that employer companies are required to provide study leave regardless of whether the education received is related to the employee’s job responsibilities or not, and it also does not play a role before or after the training began. Today, vacations are provided for absolutely all forms of education: evening, part-time, full-time, evening-shift and part-time. Next, move on to the next step of the recommendation.

How to issue an order for study leave - take study leave, rules for pre... 02/13/2012

Step - 4
An employer may refuse to pay for study leave if the educational institution does not have state accreditation. But even in this case, leave can still be granted if the employment or collective agreement of the enterprise reflects the condition that the provision of leave does not depend on the fact of accreditation or lack thereof of the educational institution.

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Peculiarities of payment for educational leave for different categories of students

Study leave is an exemption from the performance of official duties of an employee who combines work and study.

The employer is obliged to provide student leave regardless of the employee’s length of service in the following cases:

• the educational institution has state accreditation;
• The education received is primary.

Employees receiving a second higher education or studying in several educational institutions at the same time, as well as part-time workers, are not entitled to this type of rest. This issue is agreed upon with the employer on an individual basis.

Study leave is issued on the basis of a written application from the employee and an order from the manager. The application must be accompanied by a certificate of summons from the educational institution.

Duration of student leave

The duration of this type of rest depends on the purpose of receiving it, the level of the educational institution and the form of training.

Let's consider the terms established by the Labor Code of the Russian Federation (Articles 173-176) for granting study leave in various cases.

1. When studying at a higher educational institution (HEI):
   • for passing the session in the first and second years - 40 calendar days, for passing tests and exams in subsequent courses - 50 calendar days for students in part-time and evening (full-time) courses and 15 calendar days per year for all courses for full-time students;
   • for writing, defending a diploma and passing state exams - 4 months and for passing state exams - 1 month for students in any form of education.
2. When studying in secondary vocational education institutions:
   • to pass the session in the first and second years, a study leave of 30 calendar days is provided, for passing tests and exams in subsequent courses - 40 calendar days for students in part-time and evening (full-time) courses and 10 calendar days per year for all courses for full-time students;
   • for writing, defending a diploma and passing state exams - 2 months and for passing state exams - 1 month for students in any form of education.
3. When studying in primary vocational education institutions:
   • A leave of 30 calendar days per year is allowed to take exams.
4. When studying in an evening (shift) general education institution (school):
   • for passing final exams in the ninth grade - 9 calendar days, in the eleventh (twelfth) grade - 22 calendar days.
5. When taking entrance tests to an educational institution:
   • applicants to universities and students of preparatory departments of universities - 15 calendar days;
   • for those entering educational institutions of secondary vocational education - 10 calendar days.

Payment for study leave

Student leave can be paid or unpaid.

Paid study leave is provided to employees studying at universities and institutions of secondary vocational education through correspondence and evening courses, at educational institutions of primary vocational education and in evening (shift) general educational institutions.

Vacation pay is not paid to full-time student employees, as well as those taking entrance exams to educational institutions.

Study leave is calculated by multiplying the average daily earnings by the number of days of rest.

Payment for student leave is made 3 days before it starts.

Similar articles

Now that most universities have paid for education, it is rare to find a student who is not working. Employers also need student employees. Firstly, these are lower paid personnel compared to experienced specialists. Secondly, many companies prefer to develop personnel from scratch rather than lure them away from competitors. After all, according to many HR managers, it is the practice of “cultivating personnel within the company’s walls” that has the most beneficial effect on the company’s corporate culture and its team spirit in the future.

June is the traditional time for student sessions. This means that the personnel service will have to send some employees on study leave.

Who are we sending?

Not all students are entitled to study leave.

To be eligible for paid study leave, certain conditions must be met:

– a person studies successfully (Articles 173, 174, 175, 176 of the Labor Code of the Russian Federation);

– the educational institution has state accreditation (Articles 173, 174, 175, 176 of the Labor Code of the Russian Federation);

– the employee receives education of this level for the first time (Article 177 of the Labor Code of the Russian Federation).

The Labor Code does not decipher what “study successfully” means. Probably, legislators mean that the student’s record book contains grades “excellent”, “good” and “satisfactory”, that is, there are no “failures” in certain subjects.

If we are talking about unpaid study leave, then the condition for successful study is not necessary. In other words, the employer is obliged to provide the employee unpaid study leave if the last two conditions are met:

– state accreditation of the educational institution;

– receiving education at this level for the first time.

True, these conditions can be circumvented.

Thus, study leave (both paid and unpaid) can also be provided to those who study in educational institutions that do not have state accreditation.

To do this, this condition must be stated in the employment or collective agreement (Articles 173, 174 of the Labor Code of the Russian Federation).

As for the requirement to obtain education for the first time, there is an exception here too. Leave (both paid and unpaid) can also be given if a person already has a higher (secondary, primary vocational) education and is receiving a second (third, etc.)

P.). But only on the condition that the employer himself sent him to training “in accordance with an employment contract or training agreement concluded ... in writing” (Article 177 of the Labor Code of the Russian Federation).

OUR HELP

Part-time students are not provided with study leave. The right to study leave arises only at the main place of work (Article 287 of the Labor Code of the Russian Federation). If a student studies simultaneously in two educational institutions, then leave is due in connection with studying in only one of them (at the employee’s choice). This is the requirement of Article 177 of the Labor Code of the Russian Federation.

When we pay...

Workers who study by correspondence or in the evenings at institutes or technical schools are entitled to paid study leave (Articles 173, 174 of the Labor Code of the Russian Federation). And college students who receive primary vocational education have the right to paid leave regardless of the form of study - full-time, part-time or evening (Article 175 of the Labor Code of the Russian Federation).

Paid study leaves are provided in calendar days. The reason and duration of such leaves depend on what kind of education the person receives - higher, secondary or primary vocational:

	Type of education
higher education (academy, university, institute).	secondary vocational (technical school, college). Attention: evening and correspondence courses only!	primary vocational (school). Attention: regardless of the form of study (full-time, part-time, or evening)	average overall (night school)
Session in first and second years	40 calendar days	30 calendar days	30 calendar days within one year
Session in the third and subsequent courses	50 calendar days	40 calendar days
Passing state exams, preparing and defending a diploma	four months	two month
Passing state exams	one month	one month
Shortened program in the second year of university	50 calendar days
Final exams after ninth grade				nine calendar days
Final exams after 11th grade				22 calendar days

Please note: for reasons not listed in the table (for example, entrance exams, a full-time session at a university), paid study leaves are not provided: a student employee can only receive leave at his own expense.

...and when - not

In addition to paid leave, a student employee has the right to additionally take study leave at his own expense (also in calendar days). For example, during entrance exams, full-time sessions at a university, preparing and defending a diploma, or passing state exams as a full-time student.

Study leave: procedure and nuances of provision

That is, the right to additional unpaid study leave is available not only to evening and part-time students, but also to full-time students of universities, technical schools and colleges. The duration of such leaves depends on their reason and on the level of education:

Reason why leave is granted	Type of education
higher education (academy, university, institute)	secondary vocational (technical school, college)
Entrance exams to a university (technical school, college)	15 calendar days	10 calendar days
Final exams after the preparatory department of the university	15 calendar days
Session at a full-time university (technical school, college)	15 calendar days per academic year	10 calendar days in the academic year
Preparation and defense of a diploma, passing state exams (full-time study at a university, technical school, college)	four months	two month
Passing state exams (full-time study at a university, technical school, college)	one month	one month

What papers will you need?

Study leave is given to university students only after they bring a certificate of invitation from the educational institution. There are two forms of this certificate: one is issued by the university if the student is entitled to paid study leave, the second - if unpaid. Both forms were approved by order of the Ministry of Education of Russia dated May 13, 2003 No. 2057.

Sample filling out the call certificate

Similar certificates are provided for students of secondary educational institutions. Their forms were approved by Order No. 4426 of the Russian Ministry of Education dated December 17, 2002.

After presenting the certificate, the student employee must write a leave application. This document is drawn up in any form. The application must indicate what kind of leave the employee is applying for, for example, “... I ask you to provide me with paid study leave...”.

Having received the employee’s application, the personnel officer prepares an order for granting leave, and the head of the company signs it. For convenience, you can record vacation applications in a special journal. There is no unified form for this document. Therefore, the HR department can develop it independently.

The leave order is drawn up in the approved form. If one person goes on vacation, then use the unified form No. T-6 “Order (instruction) to grant leave to an employee.” If several people go on vacation at the same time, then a joint order is drawn up in form No. T-6a “Order (instruction) on granting vacation to employees.” These forms were approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (hereinafter referred to as Resolution No. 1).

Vacation orders can also be recorded in a special journal. There is no unified form for this document. Therefore, the HR department can develop it independently.

Based on the vacation order, the personnel officer must make notes on the employee’s personal card (unified form No. T-2, approved by Resolution No. 1). For this purpose, the card provides a special section VIII “Vacation”. Here they indicate the type of leave (study), the number of calendar days of leave, its start and end dates, the basis for granting leave (for example, a summons certificate).

In addition to the listed documents, the HR specialist must also fill out the unified form No. T-60 “Note-calculation on granting leave to the employee” (approved by Resolution No. 1). It is used by accounting departments when calculating vacation pay. Therefore, the front side of the calculation note is filled out and signed by an employee of the personnel department, and the back side is filled out by the company’s accountant.

Sample of filling out a calculation note by a HR employee:

Please note: if a person goes on unpaid study leave, a calculation note is not drawn up. After all, the purpose of this form is to calculate the payments due to the vacationer. And when a student goes on vacation at his own expense, the company should not accrue any payments to him.

Study leave must also be reflected in the working time sheet (forms T-12 or T-13, approved by Resolution No. 1). For educational leaves, the following designations are provided: code “U”, if the leave is paid; code “UD” if the leave is unpaid.

BETWEEN THIS AND THEN

In France, Italy and some other European countries, a type of leave called “sebeticle” is provided for senior managers and scientific and pedagogical workers. This is a long, up to 11 months, usually paid leave, which is provided once every 7–10 years with a long period of work at the enterprise.

© "Accounting and HR" , №6, 2008

Study leave is the number of days guaranteed by the Labor Code, required according to the standards of an educational institution to carry out the learning process of a student or schoolchild.

In addition to the Labor Code, the procedure for granting leave is regulated by laws on education.

This type of leave is provided and paid subject to a number of necessary conditions and the presence of a summons certificate.

Conditions for receiving study leave

According to the country's Labor Code, citizens who are officially employed in the territory of any constituent entity of the Russian Federation and receiving the following types of education can receive study leave:

1. Any course other than full-time (evening, distance learning, full-time) conducted at the university.
2. Secondary vocational.
3. Initial evening (shift).

According to the law on higher postgraduate education, postgraduate and doctoral students are also entitled to receive study leave.

Conditions for applying for study leave:

1. This is the first time this level of education has been achieved. This means that the employee has the right to receive, with the provision of paid leave, one higher, secondary or primary education.
2. The employee is sent for training by the organization that is his main employer.

If an employee receives several types of education at the same time, compulsory study leave is possible only for one of them. Also important factors for granting leave are successful studies and education at a state university.

Study without retakes and satisfactory grades is considered successful.

Calculation and payment of study leave

The calculation takes into account the employee’s average salary for the last year. However, the legislation does not specify any restrictions on length of service.

Each day of study leave is paid in the amount of daily average earnings.

The maximum number of days provided is regulated by the labor code, the nominal number is indicated in the educational institution’s letter of invitation.

The amount of payment per day of study leave is calculated using the formula:

where ГЗ is annual earnings, 12 is the number of months in a year, 29.4 is the average number of days in a month.

There is a practice of paying monetary compensation if it is necessary for a graduate student to remain in service, similar to the practice with annual leave.

Although the Labor Code does not contain provisions prohibiting such practices, difficulties and confusion may arise when submitting reports to the tax service, therefore the Federal Tax Service has an extremely negative attitude towards this type of compensation.

Payment for study leave is calculated by an accountant or directly by the employer. The calculation can be done in any program, for example, Microsoft Excel.

According to the 2011 decree, organizations are required to form a reserve for the payment of vacation pay of any kind.

Obtaining study leave when an employee receives a second higher education

In this case, two laws come into conflict: the Law on Higher and Postgraduate Education and Article 177 of the Labor Code of the Russian Federation.

The first speaks of the need to provide study leave, regardless of how often the employee receives it; the Labor Code stipulates the organization’s responsibilities in relation to the student employee only in the case of receiving his first education.

On April 8, 2004, the Constitutional Court considered a complaint from a citizen of the Russian Federation in connection with the infringement of human rights by Article 177 of the Labor Code of the Russian Federation. The claim was based on Article 43 of the Constitution on the right of every member of society to receive education, which is free and accessible to the public.

The Constitutional Court ruled that Article 177 does not prevent the receipt of such education, but is a guarantor of harmonious relations between participants in the work process.

Based on this, we can say that Article 177 of the Labor Code of the Russian Federation has greater legal force, and the employer is not obliged to pay for leave to attend classes or pass a test when an employee receives a second higher education.

An employee can count on annual unpaid leave if the employer is notified of his receipt of a second education and does not object

Leave is granted at the request of the employee in writing or electronically without remuneration or accrual of length of service. This issue is regulated by Article 128 of the Labor Code of the Russian Federation; the duration of the vacation is determined by contract.

Unpaid study leaves

The employer must provide the employee with leave with or without pay at its discretion in the following cases:

1. Submitting documents to an educational institution - 15 calendar days once a year to take entrance examinations.
2. Attending preparatory courses at the educational institution - 15 calendar days once a year.
3. Conducting the practical part of scientific work, defending a diploma project, preparing and passing state exams for full-time students - 4 months at a time.
4. Attendance of tests and exams by full-time students – 15 calendar days once a year.

Controversial situations

Often, when granting study leave, emergency and non-standard situations occur that are not regulated in any way by current legislation.

1. Coincidence of annual main leave with educational leave. During this period of time, the employee is listed as on basic leave. In this case, the employer is not obliged to extend it or pay monetary compensation.
2. The timing of educational leave coincides with administrative leave or leave without pay. As in the previous case, the employer has the right, but not the obligation, to pay for study leave or provide compensation.
3. An employee falls ill during study leave. In this case, payment of temporary disability benefits is made from the first day of the expected start of work.
4. Holidays and weekends during study leave are paid according to the average salary.

Application for use of study leave, sample: