Maintaining a job during study leave. Who is entitled to study leave and how is it paid?

It is not so rare for individuals to combine work with studying in educational institutions. Guarantees and compensation for such employees are established by Chapter 26 of the Labor Code of the Russian Federation. These include: provision of additional paid leave and leave without pay, payment for travel to the place of study, reduction of the length of the working day or working week.

Let us recall that (Article 164 of the Labor Code of the Russian Federation):

guarantees mean the means, methods and conditions by which the exercise of the rights granted to employees in the field of social and labor relations is ensured, and

under compensation - monetary payments established for the purpose of reimbursing employees for costs associated with the performance of their labor or other duties provided for by the Labor Code of the Russian Federation and other federal laws.

The list of guarantees and benefits provided to the employee depends both on the level of education received (secondary general, primary vocational, secondary vocational, higher vocational, postgraduate vocational) and on the form of education (full-time, part-time, evening).

The number of basic general education programs includes, in particular, educational programs of basic general and secondary general education.

The main professional educational programs include:

educational programs of secondary vocational education - training programs for qualified workers, employees and training programs for mid-level specialists;

educational programs of higher education:

Bachelor's, specialist's, master's programs;

Programs for training scientific and pedagogical personnel in postgraduate (adjunct) studies, residency and assistantship internship programs;

basic vocational training programs - vocational training programs for blue-collar professions, white-collar positions, retraining of blue-collar workers, white-collar workers and advanced training of blue-collar workers, white-collar workers.

Additional educational programs include (clause 4 of article 12 of law N 273-FZ):

additional general education programs: additional general developmental and pre-professional programs;

additional professional programs: advanced training and professional retraining programs.

Let us note that the receipt of education under training programs for mid-level specialists by an employee who has a diploma of secondary vocational education with the qualification of a qualified worker or employee, by virtue of paragraph 5 of Article 68 of Law N 273-FZ, is not considered as receiving a second or subsequent secondary vocational education.

Note. According to the Federal Law of December 29, 2013 N 273-FZ “On Education in the Russian Federation”, which entered into force on September 1, 2013, the main educational programs include basic general education, basic professional educational programs and basic vocational training programs (clause 3 of Article 12 Law N 273-FZ).

Receipt by an employee who has a bachelor's degree of higher professional education under a master's program cannot be considered as receiving a second higher professional education and does not deprive him of the right to take advantage of the guarantees provided for by the legislation of the Russian Federation.

Training in master's programs by persons with higher professional education, confirmed by the assignment of the qualification "certified specialist" (clause 15 of article 108 of law N 273-FZ, introduced by Federal Law dated 03.02.14 N) is also not considered as receiving a second or subsequent higher education. 11-FZ “On Amendments to Article 108 of the Federal Law “On Education in the Russian Federation””).

Note. The second higher education is now considered education received (subclause 1, clause 8, article 69 of law N 273-FZ):

for bachelor's degree programs or specialty programs - by persons who have a bachelor's degree, a specialist's diploma or a master's degree;
for master's programs - by persons who have a specialist's diploma or a master's degree;
for residency programs or assistantship-internship programs - by persons who have a diploma of completion of residency or a diploma of completion of assistantship-internship;
for training programs for scientific and pedagogical personnel - by persons who have completed a postgraduate (adjunct) diploma or a candidate of sciences diploma.

Study leave

The most significant guarantee for employees combining work and study is study leave. It is provided in calendar days, regardless of the actual duration of the employee’s work with the employer. Moreover, study leave can be either paid or without maintaining average earnings. What kind of leave an employee is entitled to depends on the form of training, the type of educational programs and a number of other conditions.

- paid

Study leave with preservation of average wages is provided to employees who study:

in universities on part-time or part-time (evening) courses;

institutions of secondary vocational education (technical schools, colleges) on part-time or part-time (evening) courses;

educational institutions of primary vocational education (schools, training centers) regardless of the form of education;

evening (shift) general educational institutions (schools, gymnasiums) regardless of the form of education.

Form and type of training	Duration of paid study leave (vacation)	Base
Part-time study programs: training of scientific and pedagogical personnel in postgraduate (adjunct) studies; residencies; internship assistantships	30 calendar days annually during training; additional time spent traveling from the place of work to the place of training and back	Article 173.1 of the Labor Code of the Russian Federation
Workers studying scientific and pedagogical personnel training programs in graduate school (postgraduate studies), as well as persons who are applicants for the academic degree of Candidate of Sciences	Three months - to complete a dissertation for the degree of Candidate of Sciences	Article 173.1 of the Labor Code of the Russian Federation
Part-time and part-time (evening) forms of education in state-accredited programs: bachelor's, specialist's and master's degrees	40 calendar days - for passing intermediate certification in the first and second years; 50 calendar days - to pass intermediate certification in each of the subsequent courses (when mastering educational programs in a shortened time - in the second year); up to four months - to pass the state final certification	Article 173 of the Labor Code of the Russian Federation
Part-time and part-time (evening) forms of education in state-accredited secondary vocational education programs	30 calendar days - for passing intermediate certification in the first and second years; 40 calendar days - to pass intermediate certification at each of the subsequent courses; up to two months - to pass the state final certification	Article 174 of the Labor Code of the Russian Federation
Part-time and part-time courses in state-accredited educational programs of basic general or secondary general education	To pass the state final certification: 9 calendar days - according to the educational program of basic general education; 22 calendar days - according to the educational program of secondary general education	Article 176 of the Labor Code of the Russian Federation

The established durations of educational leaves provided with the same average earnings, depending on the type of training, are shown in the table.

Paid study leave is granted to an employee if the following conditions are simultaneously met (Articles 173, 174, 176, 177 of the Labor Code of the Russian Federation):

state accreditation of educational programs;

the employee receives education at this level for the first time;

successful employee training.

There is no definition of the concept of “successful training” in labor legislation. It is logical to assume that if a student worker presented a certificate of invitation from an educational institution, and earlier, after the end of educational leave, brought a certificate of confirmation (from the end of February this is the detachable part (second) of the certificate of invitation), the training can be considered successful.

If an employee is studying in two educational institutions at once, then educational leave is granted only in connection with training in one of these institutions at the employee’s choice (Part 4 of Article 177 of the Labor Code of the Russian Federation). At the same time, the mentioned norm does not limit the right to choose to one university.

Note. Until September 1, 2013, Article 175 of the Labor Code of the Russian Federation provided for guarantees and compensation for workers studying in educational institutions of primary vocational education. By paragraph 21 of Article 80 of the Federal Law of July 2, 2013 N 185-FZ, this norm was abolished. This is due to the fact that, on the basis of Article 108 of Law N 273-FZ, primary vocational education is equal to secondary vocational education in training programs for qualified workers (employees). And for persons combining work with obtaining secondary vocational education, and workers enrolling in educational programs of secondary vocational education, guarantees and compensation are established by Article 174 of the Labor Code of the Russian Federation.

Example 1

To pass intermediate certification at a university in the first year, an employee with an application for study leave presented a certificate of invitation from one educational institution. At the same time, the name of this institution appeared in the application submitted by him.

To undergo such certification in his second year, in his application for study leave, he indicated the name of another educational institution, from which the summons certificate was submitted.

In both cases, the employer is obliged to provide the employee with study leave.

The right to choose an educational institution cannot affect the total duration of educational leave.

Vacations related to studying at an educational institution of higher or secondary vocational education are granted for the number of days indicated in the summons certificate, but not more than the number determined by Articles 173 and 174 of the Labor Code of the Russian Federation.

Usually, to be granted study leave, an employee studying at a higher or secondary educational institution submits an application, which is accompanied by a certificate of summons from the educational institution. The form of the summons certificate, which gives the right to provide guarantees and compensation to employees combining work with education, was approved by order of the Ministry of Education and Science of Russia dated December 19, 2013 N 1368. It has been used since February 25 of this year. And it is the same for all training programs. Before this, different forms of certificates were used for students in secondary and higher educational institutions (approved by orders of the Ministry of Education of Russia dated December 17, 2002 N 4426 and dated May 13, 2003 N 2057, respectively). In the appendices to the mentioned orders, two forms of certificates were given: one of them was used if the employee was entitled to study leave with preservation of average earnings (Appendix 1), the other - if he was entitled to unpaid leave (Appendix 2).

When indicating the surname, first name and patronymic of the applicant for study leave, his status is also indicated in the invitation certificate: student, preparatory department student - or admission to entrance exams.

All possible reasons for granting study leave are now listed in the call certificate:

passing entrance exams;
intermediate certification;
state final certification;
final examination;
preparation and defense of final qualifying work;
passing final state exams;
completion of a dissertation for the degree of Candidate of Sciences, one of which must be indicated.

The certificate also shows the level of education (basic general, secondary general, secondary vocational, higher) provided by the educational institution according to the educational programs that the students are mastering.

The certificate states:

form of education (full-time, part-time, part-time);
course of study (for students);
name of the accreditation body that issued the certificate of state accreditation to the educational institution;
details of the certificate of state accreditation;
start and end dates of study leave and its duration in calendar days;
code and name of profession.

This information allows the employer to verify that the required conditions are met when granting study leave.

Note. All educational institutions implementing training programs, the mastery of which by a student employee allows him to claim the guarantees and compensation provided for in the mentioned articles 173, 173.1, 174 and 176 of the Labor Code of the Russian Federation, are now applying to the new form of challenge certificate.

Study leave must be granted strictly within the time limits specified in the summons certificate. It happens that a student employee indicates in the application for study leave a shorter period than that given in the summons certificate. It is understandable that the employee wants to have as little money loss as possible. After all, pay for a day of study leave is lower than pay for an employee’s working day. Therefore, he tries to document a shorter period of his vacation in order to increase the number of working days. Moreover, the use of such leave is a right, not an obligation of the employee, and in the labor legislation of the Russian Federation there is no rule prohibiting the partial use of study leave.

The Trudoviks are inclined towards something else. The employer, in their opinion, does not have the right to reduce the period of study leave specified in the summons certificate. This additional leave has a strictly intended purpose and should be used only within the prescribed time frame. Reducing the duration of study leave may adversely affect the effectiveness of training and affect the overall performance of the student. At the same time, officials believe that reducing the period of study leave will not fully comply with the current legislation of the Russian Federation (letter of Rostrud dated September 12, 2013 N 697-6-1).

The call help, as mentioned above, consists of two parts. The first part is filled out by the educational institution and transferred to the employer. Based on this part of the certificate, the employee is granted study leave. The initially blank second part of the certificate is issued by the educational institution after completion of the relevant training. This part is a confirming document that the employee is studying, and this, in turn, confirms the intended use of his study leave.

Let us note that the Labor Code of the Russian Federation does not say anything about guarantees for an employee if he takes exams for certificates of basic general or secondary general education as an external student. In Law N 273-FZ there is only a mention of the possibility of persons who do not have a basic general or secondary general education to undergo external intermediate and state final certification in an organization that carries out educational activities according to the corresponding basic general education program that has state accreditation (clause 3 of Art. 34 of Law N 273-FZ). At one time, guarantees for such a case were spelled out in the Regulations on benefits for workers and employees combining work with study in educational institutions (approved by Resolution of the Council of Ministers of the USSR of December 24, 1982 N 1116). But this document, in accordance with Decree of the Government of the Russian Federation dated March 28, 2012 N 245, has been declared invalid on the territory of the Russian Federation since April 14, 2012 (clause 10 of Appendix No. 1 to Decree N 245).

- unpaid holidays

In some cases, the employer, at the request of the employee, is obliged to provide him with study leave without pay. Such study leaves are also calculated in calendar days, and their duration depends on the purposes for which these leaves will be used.

If an employee combines work with full-time study in state-accredited bachelor's, specialist's or master's programs at a higher educational institution, then the employer, by virtue of Part 2 of Article 173 of the Labor Code of the Russian Federation, is obliged to provide him with leave without pay for the duration:

15 calendar days in the academic year - for the period of passing intermediate certification in each course;

four months - for the period of preparation and defense of the final qualifying work and passing the final state exams;

one month - for the period of passing final state exams.

A similar standard has been established for the case of combining work with full-time study in educational programs of secondary vocational education that have state accreditation. An employee carrying out such studies is entitled to leave without pay for the duration (Part 2 of Article 174 of the Labor Code of the Russian Federation):

10 calendar days in the academic year - for the period of passing intermediate certification in each course;

up to two months - to pass the state final certification.

If an employee is just going to enter a higher vocational educational institution, then for the period of passing the entrance exams he is granted leave without pay for 15 calendar days (Part 2 of Article 173 of the Labor Code of the Russian Federation). When entering a secondary vocational educational institution, the duration of such leave is 10 calendar days (Part 2 of Article 174 of the Labor Code of the Russian Federation).

When passing final exams at the preparatory department of an educational institution of higher professional education, leave without pay is granted for 15 calendar days per academic year (Part 2 of Article 173 of the Labor Code of the Russian Federation).

Other guarantees

For employees studying in full-time and part-time forms of study in state-accredited educational programs:

bachelor's, specialist's, master's degrees;

secondary vocational education, -

for a period of up to 10 academic months before the start of the state final certification, a working week shortened by 7 hours is established at their request. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage (Part 4 of Article 173, Part 4 of Article 174 of the Labor Code of the Russian Federation).

A possible version of this abbreviation:

providing the employee with one day off from work per week, or

reduction of working hours during the week -

determined by agreement of the parties to the employment contract (part 5 of article 173, part 5 of article 174 of the Labor Code of the Russian Federation).

Note. If during the year intermediate certification or examinations are carried out at an educational institution several times, then the educational leave is divided into parts in accordance with the summons certificate. At the same time, the total number of days of study leave should not exceed the norms established by the legislation of the Russian Federation.

Employees completing training programs for scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs and assistant internships through correspondence courses are entitled to one day off from work per week with payment in the amount of 50% of the salary received.

In the last year of study, the employer has the right to provide, at their request, no more than two additional days off from work per week without pay (Part 1 of Article 173.1 of the Labor Code of the Russian Federation).

It was stated above that for these persons, the time spent traveling from the place of work to the place of study and back is added to the annual additional leave, while maintaining the average earnings. The specified travel is paid for by the employer (Part 1 of Article 173.1 of the Labor Code of the Russian Federation).

The legislator has imposed the obligation on the employer to pay for the travel of part-time workers studying in educational institutions located in other cities. Thus, for employees who successfully complete state-accredited bachelor's, specialist's or master's degree programs, the employer must pay for travel to the location of the relevant organization carrying out educational activities and back once per academic year (Part 3 of Article 173 of the Labor Code of the Russian Federation).

Note. Guarantees and compensation for persons combining work and study are provided when receiving education at the appropriate level for the first time. Fulfillment of this condition is not required in the case (Part 3 of Article 177 of the Labor Code of the Russian Federation):

referral by the employer to receive appropriate professional education for an employee who already has education at this level, and

if such an obligation of the employer is specified either in the employment contract or in a specially concluded agreement between him and the employee.

For employees who are studying educational programs of secondary vocational education with state accreditation, the employer is obliged to pay travel to the location of the educational organization and back once per academic year in the amount of 50% of the cost of travel (Part 3 of Article 173 of the Labor Code of the Russian Federation).

The type of transport and route are chosen by the student.

The procedure for paying for travel is not established by labor legislation; therefore, it is determined by agreement between the employee and the employer. In our opinion, in order to pay the said compensation, the employee must submit:

application for payment of travel to and from the place of study;

a document that confirms studies at the relevant educational institution (certificate, student card, grade book, etc.);

travel documents indicating travel to and from the place of study.

The lack of state accreditation by an educational institution to make the aforementioned payment can be “compensated” by the employer’s obligation to pay for travel for students, prescribed in a collective or employment agreement.

The norm establishing the corresponding condition regarding the first education, in the opinion of the Constitutional Court of the Russian Federation, does not prevent the issue of guarantees and compensation for employees receiving a second higher education within the framework of collective contractual and individual contractual regulation and does not exclude the employer’s obligation to provide such employees with benefits in connection with training, if this is provided for by a collective agreement or an agreement between the employee and the employer.

The provision of Part 1 of Article 177 of the Labor Code of the Russian Federation cannot in itself be considered as limiting the constitutional rights and freedoms of citizens wishing to obtain a second higher education, and violating the provisions of Parts 2 and 3 of Article 55 of the Constitution of the Russian Federation. It cannot be regarded as violating the equality of everyone before the law and the court and the equality of rights and freedoms of man and citizen (Parts 1 and 2 of Article 19 of the Constitution of the Russian Federation), since the constitutional principle of equality does not entail the requirement to provide the same guarantees and compensation to persons related to to different categories - those receiving higher education for the first time and those already having an education of this level (definition of the Constitutional Court of the Russian Federation dated 08.04.04 N 167-O).

Guarantees and compensation for employees combining work with the development of educational programs that do not have state accreditation:

Bachelor's, specialist's or master's degrees;

secondary vocational education;

basic general or secondary general education through part-time and part-time education, -

may be established by a collective agreement or an employment contract (Articles 173, 174, 176 of the Labor Code of the Russian Federation).

Vacation registration

Based on the employee’s application and summons certificate, an order is issued to grant study leave.

On January 1, 2013, Federal Law dated December 6, 2011 N 402-FZ “On Accounting” came into force. It does not contain requirements for the need to compile primary accounting documents according to unified forms. The Ministry of Finance of Russia in information No. PZ-10/2012 noted that the forms of primary accounting documents established by authorized bodies in accordance with other federal laws and on their basis remain mandatory for use. According to the Trudoviks, after the entry into force of Law N 402-FZ, non-governmental organizations have the right to use forms of primary accounting documents developed by them independently (letters of Rostrud dated 01/09/13 N 2-TZ, dated 01/23/13 N PG/10659-6-1, dated 02.14.13 N PG/1487-6-1).

The requirements for primary accounting documents contained in Article 9 of Law No. 402-FZ can only be partially applied to documents used to document events in the field of labor relations. Executing documents using independently developed forms for recording labor and its payment may cause complaints from inspectors, since the developed form may not take into account (not fully take into account) the requirements of labor legislation for a specific document. Therefore, at present, in our opinion, in terms of drawing up documents on labor accounting and its payment, it is still more expedient for organizations to use unified forms approved by Resolution of the State Statistics Committee of Russia dated 01/05/04 N 1. The use of these unified forms in accordance with paragraph 4 of Article 9 of the law N 402-FZ must be approved either by a separate order from the head of the organization or as an appendix to the accounting policy.

When using unified forms, an order for granting study leave is drawn up in Form N T-6. In section "B" of this form it is necessary to reflect the type of leave in accordance with Chapter 26 of the Labor Code of the Russian Federation (additional leave with preservation of average earnings or without preservation of wages). The commonly used name “educational” can be given in parentheses. The column “Period of work” is not filled in, since the Labor Code of the Russian Federation does not connect the provision of this leave with the period of work.

Section “B” indicates the total number of calendar days and the period of vacation(s) with specific start and end dates.

The signed order is registered in the log of orders for granting leave.

If a vacation is issued while maintaining average earnings, an order signed by the employee is submitted to the accounting department for accrual of vacation pay. In this case, a note-calculation is drawn up on the provision of leave to the employee (Form N T-60): the personnel service fills out section “B” regarding additional leave, and the accounting department provides data on the calculation of vacation pay.

Study leave is paid based on the employee’s average salary. Payment for study leave is calculated in the same way as for annual paid leave.

Let us remind you that the average daily earnings () for paying vacations and paying compensation for unused vacations are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (the average monthly number of calendar days) (Part 4 of Article 139 of the Labor Code RF).

But in most cases, student workers do not work out the entire pay period. If one or more months of the billing period are not fully worked out or the time is excluded from it when:

the employee retained his average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding a child provided for by the labor legislation of the Russian Federation, and (or)

the employee received temporary disability benefits or maternity benefits, -

as well as in other cases given in paragraph 5 of the Regulations on the specifics of the procedure for calculating the average wage (approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922), the average daily wage is calculated by dividing the amount of actually accrued wages for the billing period by the total monthly average calendar days multiplied by the number of complete calendar months, and the number of calendar days in incomplete calendar months (clause 10 of the mentioned provision).

The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of this month and multiplying by the number of calendar days corresponding to the time worked in this month.

Example 2

The employee was granted study leave from June 9 to July 3, 2014, lasting 25 calendar days to undergo interim certification. He did not fully work out the billing period from June 1, 2013 to May 31, 2014: from June 10 to 29 and from December 2 to 21, he was on study leave, and from September 2 to 29 - on annual paid leave. The employee's salary in the billing period is 21,500 rubles. During this period, he received quarterly bonuses of 18,268, 17,693, 18,627 and 26,200 rubles, which were calculated based on the time actually worked.

For months of the billing period that were not fully worked, the employee was accrued: RUB 5,657.89. (RUB 21,500: 19 days x 5 days) in June, RUB 1,023.81. (RUB 21,500 / 21 days x 1 day) in September, RUB 6,840.91. (RUB 21,500: 22 days x 7 days) in December.

In total, for the billing period, the employee was accrued 287,810.61 rubles (21,500 rubles/month x 9 months + 5657.89 rubles + 1023.81 rubles + 6840.91 rubles + 18,268 rubles + 17 693 RUR + 18,627 RUR + 26,200 RUR).

In June, 5 days worked equal 9 calendar days. Based on this, when calculating the average daily earnings for this month, the time worked accounts for 8.82 cal. days (29.4 x 9:30). In September, the employee worked one working day - the 30th, which accounts for the same number of calendar days, and 0.98 cal is taken into account. days (29.4 x 1:30). In December, for every 7 days worked there are 10 calendar days, based on this, 9.48 days are taken into account. (29.4 x 10:31).

The average daily earnings is 1013.85 rubles/day. (RUB 287,810.61 / (29.4 days/month x 9 months + 8.82 days + 0.98 days + 9.48 days)). For study leave, the employee was accrued 25,346.25 rubles. (RUB 1,013.85/day x 25 days).

It is possible that the days of study leave will include a non-working holiday. The legislation does not provide for the extension of educational leave by the number of non-working holidays falling during such leave, since the rule on extending leave for non-working holidays falling during the vacation period applies only to annual main or annual additional leaves (Article 120 of the Labor Code of the Russian Federation). Therefore, when determining the amount of vacation pay for additional educational leave, all calendar days (including non-working holidays) falling during the period of such vacations provided in accordance with the educational institution’s certificate are subject to payment.

During study leave there is a non-working holiday on June 12th. And it was included in the number of paid 25 calendar days indicated in the summons certificate.

The rule on non-extension of study leave also applies to the period of incapacity for work. If the period of temporary disability completely or partially coincides with the period of study leave, the corresponding benefit is not paid (subclause 1, clause 1, article 9 of the Federal Law of December 29, 2006 N 255-FZ "On compulsory social insurance in case of temporary disability and in connection with maternity", sub-clause "a" clause 17 of the Regulations on the specifics of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance in case of temporary disability and in connection with maternity, approved by Decree of the Government of the Russian Federation of June 15, 2007 N 375).

If, after the end of study leave, the employee continues to be ill, then starting from the day when he was supposed to go to work, he should be accrued temporary disability benefits (Part 1 of Article 183 of the Labor Code of the Russian Federation, Clause 2 of Article 5, Clause 1 of Art. 13 of Law N 255-FZ).

Payment for vacation must be made no later than three days before its start (Part 9 of Article 136 of the Labor Code of the Russian Federation). This rule also applies to paid educational leave. In practice, it is not so rare for employers to neglect this rule, thereby infringing on the rights of employees. Payment of remuneration for study leave after the employee has provided the second part of the summons certificate is a violation of the labor legislation of the Russian Federation.

An entry on the granting of study leave is also made in section VIII “Vacation” of the employee’s personal card (Form N T-2).

In the work time sheet (form T-13) or in the work time sheet and calculation of wages (form T-12) (approved by Resolution of the State Statistics Committee of the Russian Federation dated 01/05/04 N 1) when granting study leave:

with the same salary, the letter code “U” or the numeric code “11” is entered;

without saving earnings - letter "UD" or number "13".

The summons certificate, on the basis of which study leave is granted, must be kept in the organization for at least five years (clause 417 of the List of standard management archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating storage periods, approved by order Ministry of Culture of Russia dated 08.25.10 N 558).

If an employee is registered on an internal part-time basis, he is granted paid study leave only at his main place of work, unless otherwise provided in the university’s collective agreement. Part-time, he must take leave without pay for the duration of his study leave. Taking this into account, the calculation of the maintained average earnings is carried out.

As we can see, the provision of study leave on the basis of a summons certificate does not depend on the discretion of the employer. Additional leave for persons combining work with education is one of the types of guarantees provided for by the current legislation of the Russian Federation (mentioned articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation). Consequently, the employee has the right to take such leave even if he disagrees. Employers should remember that their actions:

for failure to provide an employee with study leave, which is due to him in accordance with the law or a collective agreement, employment contract, agreement, local regulations of the organization;

providing less than required leave;

replacing study leave with annual paid leave;

registration of leave without pay in the case when it must be paid -

as well as the failure to provide other guarantees and compensation related to study leave, can be appealed by the employee in court (Article 391 of the Labor Code of the Russian Federation).

For such acts, the employer may be held administratively liable under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. Violation of labor legislation entails the imposition of an administrative fine:

for officials and entrepreneurs-employers - in the amount of 1000 to 5000 rubles;

for legal entities - from 30,000 to 50,000 rubles.

Emerging obligations

The average earnings accrued to an employee during the period of study leave are recognized as income received from sources in the Russian Federation. Therefore, on a general basis, it is included in the taxable base when calculating personal income tax (clause 1 of article 209, clause 1 of article 210 of the Tax Code of the Russian Federation).

This value is subject to insurance contributions for compulsory pension and medical insurance, as well as for compulsory social insurance in case of temporary disability and in connection with maternity (Clause 1, Article 7 of the Federal Law of July 24, 2009 N 212-FZ "On Insurance Contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund") and compulsory social insurance against accidents at work and occupational diseases (clause 1, article 20.1 of the Federal Law of July 24, 1998 N 125-FZ "On compulsory social insurance against accidents at work and occupational diseases").

The amount of compensation for paying for the employee’s travel to the place of study and back as a compensation payment established by the legislation of the Russian Federation is recognized as income not subject to personal income tax (clause 3 of Article 217 of the Tax Code of the Russian Federation) and insurance contributions (subclause 2 of clause 1 of Article 9 of Law N 212-FZ, subparagraph 2, clause 1, article 20.2 of law N 125-FZ).

The average earnings retained by an employee during study leave are recognized as wage expenses (Clause 13, Article 255 of the Tax Code of the Russian Federation) and are included in the expenses taken into account when calculating income tax. Also recognized as labor costs are the amounts of compensation payments for travel to and from the place of study.

If the collective agreement provides for the provision of additional days of educational leave in comparison with those established by law, or payment for it is carried out in amounts exceeding the employee’s maintained average earnings, then the resulting excess amount over the amounts calculated in accordance with the current legislation is not taken into account in expenses , reducing the income received (clause 24 of article 270 of the Tax Code of the Russian Federation).

When using the accrual method in tax accounting, labor costs are taken into account monthly, based on the amounts calculated in accordance with Article 255 of the Tax Code of the Russian Federation (clause 4 of Article 272 of the Tax Code of the Russian Federation). It is possible that the period of study leave falls on two reporting (tax) periods. The Ministry of Finance of Russia, considering such a case with annual paid leave, strongly recommends that the amount of accrued vacation pay be included in expenses in proportion to the days of vacation falling on each reporting period (letter of the Ministry of Finance of Russia dated July 23, 2012 N 03-03-06/1/356, dated December 23 .10 N 03-03-06/1/804).

The tax agent withheld personal income tax in the amount of 3,295 rubles from vacation pay. (RUB 25,346.25 x 13%) and transferred it to the Federal Treasury account on June 4. At the same time, 22,051.25 rubles were transferred to the employee’s card account. (25,346.25 - 3295).

When determining the wage fund for the organization for June, it included vacation pay of 25,346.25 rubles. and the remuneration accrued to the employee for five days worked - 5657.89 rubles. (RUB 21,500 / 19 days x 5 days).

These amounts are taken into account when forming the taxable base for insurance contributions to state extra-budgetary funds and for injuries for June of the current year.

Following the persistent wishes of the financiers, the organization divided the vacation pay of 25,346.25 rubles. in proportion to the number of days of study leave falling on June (22 days) and July (3 days) - RUB 22,304.70. (1013.85 rub./day x 22 days) and 3041.55 rub. (1013.85 rub./day x 3 days) respectively.

The taxpayer included the first amount in labor costs when calculating income tax for the first half of 2014, while the second amount was taken into account when forming the tax base for income tax for nine months of the current year.

However, judges do not always agree with this proposal. Thus, the judges of the Federal Antimonopoly Service of the West Siberian District, taking into account the provisions of Article 136 of the Labor Code of the Russian Federation, according to which payment for vacation is made no later than three days before its start, considered it legitimate to include vacation pay accrued by the taxpayer for the period falling on two tax periods following each other. after another, as expenses for tax purposes in the first tax period (resolution of the Federal Antimonopoly Service of the West Siberian District dated December 26, 2011 N A27-6004/2011).

The Federal Antimonopoly Service of the Moscow District, in resolution dated June 24, 2009 N KA-A40/4219-09, indicated that expenses accrued in December of the reporting year for vacations falling in January-February of the next year should be recognized as expenses of the reporting year in full, without division into parts.

An employee, when combining work activity with the process of studying in educational institutions, can study full-time, part-time, part-time and part-time and can enter educational institutions independently or be sent by an employer. When enrolling in educational institutions and combining work activity with training, enterprise employees have a question about whether study leave is paid for distance learning.

Guarantees for paid study leave

An employee of an enterprise can combine work activity with training at various levels:

level of higher education and bachelor's, specialist's, and master's programs;
level of secondary vocational education;
level of primary vocational education.

In order for an employer to pay for additional study leave, certain conditions must be met:

educational institutions must have state accreditation for the programs they study;
the employee must successfully master these programs;
level of education must be obtained for the first time.

If these conditions are met, the employer provides him with study leave while maintaining average earnings (Article 173 of the Labor Code of the Russian Federation).

At the same time, the employer pays for the days of study leave with the preservation of average earnings for those who provide training in the following programs: bachelor's, specialist's, master's degrees, presented in Table 1.

Table 1. Paid days of study leave when receiving higher education via correspondence and part-time forms (Article 173 of the Labor Code of the Russian Federation)

Type of certification during training	Course of Study	Number of calendar days
Type of certification during training	Course of Study	Full term of study	Shortened training period
Intermediate	1	40	40
Intermediate	2	40	50
Intermediate	3	50	50
Intermediate	4	50	50
Intermediate	5	50	50
Final state certification	5		Up to 4 months according to the curriculum

When an employee receives education under secondary professional level programs, the employer pays for the following days of study leave, presented in Table 2.

Table 2. Paid days of study leave when receiving secondary vocational education (Article 174 of the Labor Code of the Russian Federation)

What days are not paid?

Employees who combine training in higher and secondary vocational education programs (part-time and part-time) with work are provided with study leave days that are not paid by the employer (Articles 173 and 174 of the Labor Code of the Russian Federation).

Table 3. Unpaid days of study leave when receiving higher and secondary education through part-time and part-time education

How is it paid?

Provided that an employee combining study with work works in several jobs, leave for educational purposes will be provided and paid only at his main place of work (

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.

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.
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.
When studying in primary vocational education institutions:
- A leave of 30 calendar days per year is allowed to take exams.
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.
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.

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.

An employee graduating with a diploma means one thing - the company will have to do without him for 4 months. But in order to receive such leave, you will need a certificate from the employee - a call in a certain form. He will go on study leave at the employer’s expense only if he receives a specialist diploma for the first time. To obtain a second higher education, he will have to take leave at his own expense.

Already from the second or third year of the institute, students, on their own initiative, strive to work part-time or get a full-time job in order to gain practice along with theoretical knowledge. Managers learn about this, as a rule, after receiving a certificate - a call. It is impossible to refuse study leave because of its length or due to the absence of a replacement, but in connection with obtaining a second specialist diploma, it is possible. One nuance is important here: the employee will receive this type of guarantee only when receiving education at the appropriate level for the first time. In other words, an employee who is studying to become an economist and is also a certified lawyer is not entitled to targeted leave at the expense of the employer. In this case, the employee must agree on a vacation at his own expense. But without an organizational order, an employee’s absence from the workplace is considered absenteeism with unpleasant consequences for him.

Study leave is not required if the employee receives a second higher education

Few employers are eager to employ student workers to carry out serious projects. Combining work and study causes disagreements between the parties, since at an inopportune moment for the company, an employee can bring a summons certificate and leave for the session. Therefore, HR employees, even when hiring, warn young applicants that the rhythm of work in the company does not include absences due to exams or tests. They are offered to solve problems with study leave on their own and in their free time from work.

And when employees contact the HR department, instead of additional leave for study, they are sometimes persistently advised to take vacation at their own expense or annual paid leave. The workers agree, but then go to court for monetary compensation. They prove the forced nature of leave without pay by evidence of the transfer to the employer of an application and a certificate - a call and the lack of his response, or a direct refusal of study leave (appeal rulings of the Arkhangelsk Regional Court dated May 27, 2013 in case No. 33-2773/2013, Supreme Court of the Republic of Bashkortostan dated 02/04/2014 in case No. 33-359/2014).

If there is no such evidence, then the employee will not be able to win (appeal ruling of the Sverdlovsk Regional Court dated July 1, 2014 in case No. 33-8285/2014).

So, subject to the requirements of the law (Article 173 of the Labor Code of the Russian Federation), the employee has the right to go on study leave and, in the interests of the employer, check the existence of mandatory conditions for granting it. It is important to keep track of the following points.

Training must take place via correspondence or part-time form.

For full-time or so-called full-time education, guarantees Art. 173 of the Labor Code of the Russian Federation do not apply. In other words, if study takes place outside of work and involves mandatory attendance at lectures, seminars and practices, then study leaves (with or without pay) are not allowed. An employee who has entered the full-time department of the institute and continues to work will have to get out on his own.

Part-time or part-time study does not interfere with combining two activities, and the employer has no obstacles to applying for study leave.

State accreditation of the educational program is required. Previously, it was important that an educational institution had state accreditation, but now it is important that the educational program have such accreditation (Part 1 of Article 173 of the Labor Code of the Russian Federation). Educational organizations post such information on their websites (sub-clause “c”, clause 2, part 2, article 29, Federal Law No. 273-FZ of December 29, 2012; hereinafter referred to as Law No. 273-FZ).

But in order to go on study leave, the employee is not required to provide a copy of the state accreditation certificate. This information is indicated in the call help in a special line.

If an employer wants to check the accreditation of an educational program, this information can be found via the Internet or by contacting a specific educational institution.

Education at this level should be completed for the first time. An employee is entitled to study leave only when receiving education at the appropriate level for the first time (Part 1 of Article 177 of the Labor Code of the Russian Federation). Law No. 273 - Federal Law will help you understand the levels of education and determine which one is the first and which is the next.

For employers who employ university students, it is important to remember about two levels of professional education: bachelor's degree (first level) and specialty, master's degree (second level). If an employee has a bachelor’s degree, but he entered a master’s program, then the guarantees under Art. 173 of the Labor Code of the Russian Federation is due to him, since the levels of education are different and, moreover, the second “higher” in status (Part 5 of Article 10 of Law No. 273 - Federal Law).

The same benefits will be received by employees with the qualification “certified specialist” who are admitted to the university on a competitive basis for training in a master’s program. Such a situation is not considered a citizen receiving a second higher education (Part 15, Article 108 of Law No. 273 - Federal Law).

Cases when education is considered second (subsequent), which means the employer has the right to refuse an employee study leave, are listed in Part 8 of Art. 69 of Law No. 273 - Federal Law. The guarantees provided for student workers will not be received by those who study:

for bachelor's degree programs or specialty programs - by persons who have a bachelor's degree, a specialist's diploma or a master's degree;

for master's programs - by persons who have a specialist's diploma or a master's degree.

In other words, a bachelor of jurisprudence (by diploma) who has entered a bachelor's degree in Economics will not be able to qualify for paid study leave; the levels of these formations are the same. The same thing will happen to a Master of Law who wants to change his field and go to study to become a journalist. He has already exhausted the limit of targeted vacations while receiving his first legal education.

Thus, if the employee meets the specified requirements, then a study leave is issued. Otherwise, the company faces a lawsuit with a high risk of losing. The employee will recover money for additional leave, interest for violation of payment deadlines, compensation for moral damage and travel expenses to and from the place of study. This is confirmed by judicial practice: the ruling of the Kaluga Regional Court dated 02/03/2014 in case No. 33-25/14; appeal rulings of the Altai Regional Court dated 09/02/2014 in case No. 33-7213/2014, Saratov Regional Court dated 10/02/2014 in case No. 33-5630.

Moreover, similar consequences can await the company if the employee receives a second higher education. In this case, the court will find out whether a student agreement has been concluded between the parties. If it turns out that the employer sent the employee for training regardless of the fact that he is already a specialist in another field, then the court, by virtue of Part 1 of Art. 177 of the Labor Code of the Russian Federation can take the side of the employee. As a result, he will receive payment for study leave, interest, and moral damages (ruling of the Kaluga Regional Court dated August 11, 2014 in case No. 33-2062/14).

The duration of study leave cannot be shortened

In practice, in order to go on study leave, employees submit two documents: an application and a summons certificate. You can do without the first of them (ruling of the Moscow City Court dated October 12, 2011 in case No. 33-29084). But a summons certificate is needed, otherwise the employee will be left without additional leave.

A summons certificate is the main document that confirms the employee’s right to study leave under Art. 173 of the Labor Code of the Russian Federation (ruling of the Sverdlovsk Regional Court dated March 12, 2013 in case No. 33-2986/2013). It contains the necessary information to assess the employee’s right to the specified guarantee (form of training, information about accreditation, period of absence of the employee to take the session). Such a certificate is stored in the organization’s archives for at least five years (clause 417 of the List, approved by order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).

Now the form of the summons certificate is uniform (approved by Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368; hereinafter referred to as Order No. 1368). Previously, two forms were used: for secondary and higher educational institutions (orders of the Ministry of Education of the Russian Federation dated December 17, 2002 No. 4426, dated May 13, 2003 No. 2057). Students of general education institutions did without an official call-up certificate form.

When receiving the certificate, you need to check the completeness of its completion: the start and end dates of the session or entrance exams, the reason for absence (interim, final certification, preparation and defense of the final qualifying thesis), etc. In addition, the certificate must bear the seal of the university. This will help avoid problems with tax authorities, who carefully check the validity of expenses.

After this, you can issue an order. As a rule, it is drawn up in form No. T-6, but you can develop and approve your own form (Part 4, Article 9 of Federal Law No. 402-FZ of December 6, 2011).

But the certificate is not always filled out correctly, for example, the code of the specialty being acquired is omitted, and employees sometimes present a copy of it instead of the original document, and promise to bring the original later. These problems are solved this way.

When there is not enough information or there are doubts about the authenticity of a document, it makes sense to send a request to the educational institution. The courts come to such conclusions when considering “educational” disputes (cassation ruling of the Smolensk Regional Court dated 06/07/2011 in case No. 33-1853; appeal rulings of the Pskov Regional Court dated 07/08/2014 in case No. 33-1049/2014, Moscow City Court dated 09/10/2014 in case No. 33-19266).

It is not advisable to ignore official confirmation from the university, since this information in court will allow the employee to prove the employer’s guilt (decision of the Moscow City Court dated September 16, 2013 No. 4g/8-9629).

The situation with the absence of the original certificate - challenge is not so clear. When an employee abuses his right, ignores the employer’s demands and deliberately delays submitting the original summons certificate, the court may side with the company (appeal ruling of the Sverdlovsk Regional Court dated April 4, 2014 in case No. 33-4535/2014). But if the employee presented the certificate later for objective reasons, for example, due to a delay at the university, then there are no reasons for refusing to issue and pay for study leave. When the court determines that the employee studied, he will be reimbursed the amounts required by law (decision of the Moscow City Court dated July 18, 2014 No. 4g/9-6581/2014).

Another controversial issue concerns the reduction of study leave. Sometimes employees, on their own initiative or at the request of managers, want to leave for a session later or return to work earlier than the time specified in the call-up certificate.

Rostrud, in paragraph 1 of letter No. 697-6-1 dated September 12, 2013, responded negatively to this, justifying this with the intended purpose of study leave. Officials believe that the duration of leave should remain the same regardless of the circumstances, employee requests and other conditions. In other words, the parties do not have the right to change the period specified in the summons certificate.

In addition, we cannot exclude claims from an employee who, after returning to work ahead of schedule, changes his mind and demands to continue his educational leave. A complaint to the State Tax Inspectorate, taking into account the position of the department, may result in an order.

Therefore, study leave must be issued for the entire period, and, if necessary, civil contracts must be drawn up with student employees.

But if an employee does not have enough leave to pass the “tails,” then he will have to ask the employer for leave at his own expense.

Study leave must be paid in full before it begins.

An employee who combines work and study has the right to count on additional vacations while maintaining average earnings. Ignoring this rule ends in a conflict that will have to be resolved in court.

If the employee does not miss the deadline to go to court with a demand for recovery of the uncollected amount, then the decision will be in his favor. Payment for study leave, of course, subject to all conditions for its provision, is the responsibility of the employer (appeal ruling of the Moscow City Court dated December 18, 2012 in case No. 11-27672).

Therefore, the employer needs to ensure timely payment of vacation pay. They are calculated according to the rules for paying annual basic and additional leaves. The amount of vacation pay is determined based on the average daily earnings, calculated according to the rules of Part 4 of Art. 139 Labor Code, clause 10 of the Regulations, approved. Decree of the Government of the Russian Federation dated December 24, 2007 No. 922.

But getting the amount right isn't everything; it must be issued on time. For study leave, the three-day rule applies. It states that payment for vacation is made no later than 3 days before its start (Part 9 of Article 136 of the Labor Code of the Russian Federation).

The specified norm does not say whether 3 days should be counted in calendar or working days. According to Rostrud, we are talking about calendar days. If the issuance of vacation pay coincides with a weekend or holiday, then it must be postponed to an earlier date, and it is not necessary to do this the day before (Part 8 of Article 136 of the Labor Code of the Russian Federation, letter of Rostrud dated July 30, 2014 No. 1693-6-1).

In some companies, it is customary to pay for study leave after receiving the detachable part of the certificate - the call. This approach is justified by the fact that it is impossible to return the money if you fail the exams. After an employee complaint or a scheduled GIT inspection, the system will have to be changed. Thus, the St. Petersburg City Court recognized the order of the State Technical University to pay for study leave, including interest, as legal. Since the Labor Code of the Russian Federation does not have a special procedure for paying average earnings for targeted leave, you must be guided by Part 9 of Art. 136 Labor Code of the Russian Federation. In other words, the employer has 3 days to issue “study” vacation pay (appeal ruling dated May 7, 2014 No. 33-7195/2013).

Suppose an employee received the money on time in full, but fell ill during his studies. In this case, it is not clear whether it is necessary to postpone study leave, recalculate vacation pay and pay disability benefits.

There is no need to extend or transfer leave, since this opportunity is provided only for annual paid leave (Part 1 of Article 124 of the Labor Code of the Russian Federation). In addition, the vacation period is set by the university, and the employer and student only comply with it. The only way out is for the employee to get another summons certificate from the institute.

At the same time, the employee should not hope for double payment for the same period. He will not receive money for sick leave that coincides with study leave. This follows from paragraphs. 1 tsp. 1 tbsp. 9 of the Federal Law of December 29, 2006 No. 255-FZ and paragraphs. "a" clause 17 of the Regulations, approved. Decree of the Government of the Russian Federation dated June 15, 2007 No. 375.

So, there will be no negative consequences if you pay for your study leave on time and in full. Delaying payments or establishing additional (beyond the law) conditions for receiving them will help the employee prove a violation of rights.

You can deduct money from an unscrupulous employee for study leave

The period of study leave is determined by the educational institution. The call certificate indicates the start and end dates of the vacation, and the duration in calendar days. This period is reflected in the order.

Sometimes employees take exams early. Employers learn about this from the detachable part of the challenge certificate, the so-called confirmation certificate. It indicates the student’s full name, the name of the university and the actual duration of study. Employees bring confirmation after the session and it happens that the final dates differ from those indicated in the call certificate.

Some employers regard such a discrepancy as a basis for deducting from the employee the amounts that he received before the start of his study leave. But workers dispute such actions by management.

There is another situation: an employee “fails” the session, does not pass the exams, and is expelled from the university for poor academic performance. In this case, it is also impossible to withhold vacation pay, since unsatisfactory training results do not apply to the grounds for deductions listed in Art. 137 Labor Code of the Russian Federation. For the same reason, the employee will not have to return the amounts received for study leave and if he does not return the detached part of the certificate - the summons (appeal ruling of the Court of the Khanty-Mansiysk Autonomous Okrug - Ugra dated September 24, 2013 in case No. 33-4087/2013).

The situation is ambiguous when an employee, having completed his studies at the employer’s expense, quits before the end of the period stipulated by the student agreement.

Some employees fail to challenge the withholding of vacation pay, and the courts take the side of employers (cassation ruling of the Perm Regional Court dated November 16, 2011 in case No. 33-11677; ruling of the Supreme Court of the Komi Republic dated August 27, 2012 in case No. 33-3665/2012).

But not everyone shares this point of view. There is an opinion that an employee cannot be required to reimburse the average earnings paid during study leave. The company has the right to expect reimbursement of costs associated with training an employee if he quits before the agreed date (Article 249 of the Labor Code of the Russian Federation). Such costs include the cost of training, consumables, additional classes, etc.

However, payment of student leave is a guarantee provided for in Art. 173 Labor Code of the Russian Federation. It also applies in a situation where the parties have agreed to provide study leave to an employee who is not entitled to it by virtue of the specified norm (Article 177 of the Labor Code of the Russian Federation). The employer does not have the authority to cancel the guarantee unilaterally, since it is established at the state, and not local or contractual level (ruling of the Sverdlovsk Regional Court dated March 28, 2006 No. 33-2139/2006, appeal ruling of the Irkutsk Regional Court dated August 15, 2012 in the case No. 33-6608/12).

Therefore, in similar situations, it is worth preparing for legal proceedings and trying to convince the court that the average earnings for study leave are included in the company’s expenses stipulated in the student agreement.

But the employer’s chances of getting money from an unscrupulous student employee are great. Thus, the Moscow Regional Court confirmed the decision of the lower court, which recovered overpaid vacation pay from the employee. She hid the fact of receiving a second higher education and applied for study leave on the basis of a summons certificate. At the same time, in the employment or student contract in accordance with Part 1 of Art. 177 of the Labor Code of the Russian Federation, the parties did not include a special condition guaranteeing student benefits. When the deception was discovered, the employer went to court and won the case (ruling dated August 26, 2010 in case No. 33-16633).

Successful studies at the institute will be confirmed by a certificate - challenge

There is no need to request an additional document from the employee signed by the dean or other university employee. Such actions are not provided for by law.

Some employers, in addition to the call certificate, require employees to provide another document confirming successful completion of the curriculum. In doing so, they refer to Part 1 of Art. 173 of the Labor Code of the Russian Federation, in which this requirement is mandatory for the provision of study leave.

But such a claim is unfounded, since by virtue of Part 4 of Art. 177 of the Labor Code of the Russian Federation, an employee has the right to receive all guarantees and compensation on the basis of a certificate - a call. This is what indicates the success of the training. This conclusion is confirmed by judicial practice (appeal ruling of the St. Petersburg City Court dated October 8, 2012 No. 33-14608/2012).

In addition to paid educational leaves, employees are entitled to targeted leaves at their own expense.

Employees-students have the right not only to paid leave to pass the exam or diploma, but also to leave without pay. The latter are also provided on the basis of a certificate - a call.

Study leave usually means leave for which the employee will receive average earnings. But this doesn't always happen. For example, if an employee is just planning to become a student, then he will take entrance exams to a university at his own expense. These events will take no more than 15 calendar days (paragraph 2, part 2, article 173 of the Labor Code of the Russian Federation).

But for admission to a secondary vocational institution, a third less time is allocated - 10 calendar days (paragraph 2, part 2, article 174 of the Labor Code of the Russian Federation).

In order to receive leave at his own expense to pass entrance examinations for the specified number of days, the employee will have to submit a certificate of summons (Part 3 of Article 177 of the Labor Code of the Russian Federation).

Does the duration of study leave change if it falls on a holiday?

No, the period of study leave remains the same as indicated in the summons certificate. You need to pay for all days (regular, holidays) falling during the period of such vacation.

For annual paid vacations during which a holiday falls (Article 112 of the Labor Code of the Russian Federation), a special rule is provided: the holiday is not included in the number of calendar days of vacation (Part 1 of Article 120 of the Labor Code of the Russian Federation). In fact, this gives the employee the opportunity to rest longer.

Some employers apply this rule to study leave, and in a unique way. They exclude holidays from the period of such leave, reducing its total duration. This is an unsuccessful decision, which the employee will be able to challenge in court (decision of the Moscow City Court dated February 28, 2011 in case No. 33-5421).

Article 120 of the Labor Code of the Russian Federation does not apply to study leaves, since they do not relate to annual leaves, but are granted for a certain period depending on the training program. In addition, the employee is entitled to average earnings for the entire period of study leave, including non-working holidays (clause 14 of the regulation, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922).

Should an employee submit a summons certificate if the right to study leave is enshrined in the employment contract?

Yes, because without a summons certificate the employer has no basis for applying for study leave.

Availability of state accreditation is a mandatory condition for granting study leave (Part 1 of Article 173 of the Labor Code of the Russian Federation). This restriction is circumvented using a special provision of Part 6 of Art. 173 of the Labor Code of the Russian Federation, using a collective or labor agreement. They include provisions requiring the employer to provide additional leave for training in non-accredited programs. In this case, the employee will receive average earnings, despite non-compliance with the rule of Part 1 of Art. 173 Labor Code of the Russian Federation.

But the employer will still need a summons certificate provided for in Part 4 of Art. 177 of the Labor Code of the Russian Federation, although it will contain an empty line with the code and name of the specialty. The specifics of filling out follow from the notes to the form, approved. Order No. 1368.

Employees who combine work with study have the right to receive additional leave - study leave. What determines the duration of such a vacation? Is it always paid? What documents must an employee submit to receive study leave? How to reflect the payment of vacation pay to a student employee in accounting and tax accounting? You will find answers to these and other questions in this article.

Guarantees and compensations (including the provision of study leave) to employees combining work with education, as well as employees admitted to seeking the academic degree of a candidate or doctor of sciences, are established in Chapter. 26 Labor Code of the Russian Federation. According to the provisions of this chapter, study leave is provided subject to:

the employee receives education at the appropriate level for the first time;
availability of state accreditation of the educational program;
the employee’s successful completion of the relevant education (that is, the employee undergoing training has no academic debt for the previous semester, has completed all required coursework, laboratory and other work, and has passed tests in all disciplines provided for by the curriculum).

The possibility of granting study leave to an employee who already has a professional education of the appropriate level may be provided for in an employment contract or student agreement concluded in writing between the employee and the employer. An employee who combines work with obtaining education simultaneously in two educational organizations can be granted study leave only in connection with obtaining an education in one of these organizations (at the employee’s choice) (Article 177 of the Labor Code of the Russian Federation).

A collective or labor agreement may additionally stipulate the possibility of granting study leave to an employee who combines work with the development of educational programs that do not have state accreditation (Articles 173 - 176 of the Labor Code of the Russian Federation).

In relation to certain categories of employees, the provision of educational leave is carried out taking into account the following features:

Part-time employee by virtue of Art. 287 of the Labor Code of the Russian Federation has the right to apply for study leave only at the main place of work. In this regard, if an employee combining work with study is registered on an internal part-time basis, he is granted paid study leave at his main place of work in accordance with Chapter. 26 of the Labor Code of the Russian Federation, and part-time he must take leave without pay for the duration of his study leave.
Employees who combine work under fixed-term employment contracts with training have the right to receive study leave in the general manner established for employees signed under an employment contract for an indefinite period. The validity period of the employment contract does not affect the possibility of granting an employee study leave (Articles 58, 173 of the Labor Code of the Russian Federation).

Duration of study holidays

The duration of educational leaves, as well as the possibility of paying for them, depends on the level of education received by the employee and the purposes of providing such leaves (passing an intermediate, final certification, entering an educational institution, preparing a final work, passing final exams).

We present in the table a list of persons entitled to paid (unpaid) educational leave, indicating their duration.

Employees entitled to study leave	Purposes of granting study leave	Duration of study leave	Possibility of paying for study leave
Employees sent for training by the employer or enrolled independently in state-accredited bachelor's, specialist's or master's degree programs in part-time and part-time forms of study and successfully mastering these programs (Article 173 of the Labor Code of the Russian Federation)		40 calendar days	Vacation is paid
	Passing intermediate certification in the second year when studying in a shortened time frame	50 calendar days
		50 calendar days
		Up to 4 months
Employees admitted to entrance examinations in educational organizations of higher education (Article 173 of the Labor Code of the Russian Federation)		15 calendar days	Vacation is not paid
Workers - students of preparatory departments of educational organizations of higher education (Article 173 of the Labor Code of the Russian Federation)	Passing the final certification	15 calendar days
Employees studying in state-accredited bachelor's, specialist's or master's degree programs on a full-time basis (Article 173 of the Labor Code of the Russian Federation)		15 calendar days per academic year
	Preparation and defense of final qualifying work with passing final state exams	4 months
	Passing final state exams	1 month
Workers completing training programs for scientific and pedagogical personnel in postgraduate (adjunct) studies, residency and assistant internship programs through correspondence courses (Article 173.1 of the Labor Code of the Russian Federation)	Training under highly qualified personnel training programs	30 calendar days within a calendar year	Vacation is paid
Employees admitted to seek the academic degree of Candidate of Sciences or Doctor of Sciences (Article 173.1 of the Labor Code of the Russian Federation, Decree of the Government of the Russian Federation dated 05.05.2014 No. 409 “On approval of the Rules for granting leave to persons admitted to seek the academic degree of Candidate of Sciences or Doctor of Sciences”)	Preparation for dissertation defense	3 months - for a candidate for a candidate of science degree; 6 months - for Doctor of Science
Employees who successfully master state-accredited educational programs of secondary vocational education in part-time and part-time forms of study (Article 174 of the Labor Code of the Russian Federation)	Passing intermediate certification in the first and second years	30 calendar days
	Passing intermediate certification at each of the subsequent courses	40 calendar days
	Passing the state final certification	Up to 2 months
Workers admitted to entrance examinations in educational organizations of secondary vocational education (Article 174 of the Labor Code of the Russian Federation)	Passing entrance exams	10 calendar days	Vacation is not paid
Workers completing state-accredited educational programs of secondary vocational education for full-time study (Article 174 of the Labor Code of the Russian Federation)	Passing intermediate certification	10 calendar days in the academic year
	Passing the state final certification	Up to 2 months
Employees who successfully master state-accredited educational programs of basic general or secondary general education through part-time and part-time courses (Article 176 of the Labor Code of the Russian Federation)	Passing the state final certification of the educational program of basic general education	9 calendar days	Vacation is paid
	Passing the state final certification of the educational program of secondary general education	22 calendar days	Vacation is paid

Documentation of sending an employee on study leave

The basis document for sending an employee on study leave, as well as for him to receive other guarantees and compensation related to combining work with training, is a summons certificate, the form of which is approved by Order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 No. 1368. It is worth noting that this The certificate form was introduced in 2014 and immediately replaced two forms of challenge certificates, which were previously used separately for registration of studies in higher educational institutions and separately in secondary specialized educational institutions.

In 2015, the specified form of certificate-call was updated by orders of the Ministry of Education and Science of the Russian Federation dated March 2, 2015 No. 134, dated May 26, 2015 No. 525.

The challenge certificate issued by an educational institution consists of two parts: directly from the challenge certificate and the tear-off spine for it. If an employee does not provide the employer with a completed form confirming his actual presence at an educational institution during the period of study leave, he may lose the right to the next study leave. On the page we will provide a sample of the call certificate.

After presenting the summons certificate to the employer, the employee must write an application for leave. The application can be prepared in the following form.

After the head of the institution approves the application, an order is issued to grant the employee leave. The accountant accrues vacation pay based on such an order. To do this, he fills out a note-calculation on calculating average earnings when granting leave, dismissal and in other cases (f. 0504425), and then information about study leave is entered into the employee’s personal card.

Payment for study leave

While the employee is on study leave, he is paid the average salary. The calculation of the average salary retained by the employee during the period of such leave is made in accordance with Art. 139 of the Labor Code of the Russian Federation and the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter referred to as Regulation No. 922).

The average daily earnings for vacation pay are calculated for the last 12 calendar months (calculation period) (clause 4 of Regulation No. 922).

According to clause 10 of Regulation No. 922, the average daily wage for paying for vacations granted in calendar days is calculated by dividing the amount of wages actually accrued for the billing period by 12 and by the average monthly number of calendar days (29.3).

The amount of vacation pay due to the employee is determined by multiplying the average daily earnings by the number of calendar days in the period subject to payment (that is, by the number of calendar days of study leave) (clause 9 of Regulation No. 922).

When determining the average earnings to pay for additional educational leaves, all calendar days (including non-working holidays) falling during the period of such leaves provided in accordance with the educational institution’s certificate are subject to payment (clause 14 of Regulation No. 922).

To calculate average earnings, all types of payments provided for by the remuneration system are taken into account, regardless of the sources of receipt of these payments (clause 2 of Regulation No. 922). It is worth remembering that when calculating average earnings, time is excluded from the calculation period, as well as amounts accrued during this time, if (clause 5 of Regulation No. 922):

the employee retained his average earnings in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child, provided for by the Labor Code of the Russian Federation;
the employee received temporary disability benefits or maternity benefits;
the employee did not work due to downtime due to the fault of the employer or for reasons beyond the control of the employer and employee;
the employee did not participate in the strike, but due to this strike he was unable to perform his work;
the employee was provided with additional paid days off to care for disabled children and people with disabilities since childhood;
in other cases, the employee was released from work with full or partial retention of wages or without payment in accordance with the legislation of the Russian Federation.

According to summons certificate No. 59, Petrova I.N. (teacher) went on study leave from 09/07/2015 on the 14th cal. days The billing period for its payment is from 09/01/2014 to 08/31/2015. Accrued wages for the billing period amounted to 150,000 rubles. The amount of vacation pay for the period of study should be determined.

Amount of vacation pay for 14 cal. days equal to 5,972.70 rubles. (RUB 150,000 / 12 months / 29.3 days x 14 days).

Let us remind you that payment for study leave, taking into account the provisions of Art. 136 of the Labor Code of the Russian Federation should be carried out no later than three days before its start. If the day of payment of vacation pay coincides with a day off or a non-working holiday, payment for vacation is made on the eve of this day or at an earlier date (Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

Taxation of study leave payments with personal income tax and insurance contributions

Personal income tax. By virtue of paragraph 1 of Art. 210 of the Tax Code of the Russian Federation, when determining the tax base for personal income tax, all income of the taxpayer that he received both in cash and in kind or the right to dispose of which he acquired, as well as income in the form of material benefits, determined in accordance with Art. 212 of the Tax Code of the Russian Federation.

The list of income not subject to personal income tax is established by Art. 217 Tax Code of the Russian Federation.

Since the amount of payment for an employee’s study leave is in the amount of average earnings in clause 3 of Art. 217 of the Tax Code of the Russian Federation are not included; they are subject to personal income tax in the generally established manner. A similar opinion is given in the Letter of the Ministry of Finance of the Russian Federation dated July 24, 2007 No. 03-04-06-01/260.

The date of actual receipt of income in the form of vacation pay is the date of actual payment of such income (clause 1, clause 1, article 223 of the Tax Code of the Russian Federation). When paying income to a taxpayer in the form of vacation pay, tax agents - employers are required to transfer the amounts of calculated and withheld personal income tax no later than the last day of the month in which such payments were made (clause 6 of Article 226 of the Tax Code of the Russian Federation).

Insurance premiums. The amount of average earnings due to an employee during his time on study leave is subject to insurance contributions paid to the Pension Fund of the Russian Federation, the Social Insurance Fund and the Federal Compulsory Compulsory Medical Insurance Fund. In the base for calculating insurance premiums, vacation pay amounts are included in full on the date of their accrual (clause 1, article 7, clause 1, article 8, clause 1, article 11 of Federal Law No. 212-FZ).

Reflection in accounting of transactions for accrual and payment of vacation pay

According to the Instructions on the procedure for applying the budget classification of the Russian Federation, approved by Order of the Ministry of Finance of the Russian Federation dated July 1, 2013 No. 65n, expenses for paying educational leave to employees of an institution who combine work with training are reflected in type of expenses 111 “Institutional wage fund” and subarticle 211 “Wages » KOSGU. Expenses for paying personal income tax should be shown using the same codes.

At the same time, payment to extra-budgetary funds of insurance contributions accrued on the amount of vacation pay must be made according to type of expenses 119 “Contributions for compulsory social insurance for payments for wages of workers and other payments to employees of institutions” and subarticle 213 “Accruals for payments for wages” of KOSGU .

Based on this, and also in accordance with instructions No. 162n, 174n, 183n, operations for the calculation and payment of average earnings during the employee’s study leave will be reflected in accounting (budget) accounting in the following account correspondences:

State institution (Instruction No. 162n)		State-financed organization (Instruction No. 174n)		Autonomous institution (Instruction No. 183n)
Debit	Credit	Debit	Credit	Debit	Credit
Calculation of vacation pay
1 401 20 211	1 302 11 730	0 401 20 211	0 302 11 730	0 401 20 211	0 302 11 000
Calculation of personal income tax from the amount of vacation pay
1 302 11 830	1 303 01 730	0 302 11 830	0 303 01 730	0 302 11 000	0303 01 000
Payment of vacation pay from the institution's cash desk
1 302 11 830	1 201 34 610	0 302 11 830	0 201 34 610	0 302 11 000	0 201 34 000
Transfer of vacation pay to the employee’s bank card
1 302 11 830	1 304 05 211	0 302 11 830	0 201 11 610	0 302 11 000	0 201 11 000 0 201 21 000
Transfer of personal income tax
1 303 01 830	1 304 05 211	0 303 01 830	0 201 11 610	0 303 01 000	0 201 11 000
Calculation of insurance premiums on the amount of vacation pay
1 401 20 213	1 303 xx 730	0 401 20 213	0 303 xx 730	0 401 20 213	0 303 xx 000
Transfer of insurance contributions to extra-budgetary funds
1 303xx830	1 304 05 213	0 303 xx 830	0 201 11 610	0 303 xx 000	0 201 11 000 0 201 21 000

Based on the calculation note, the amount of accrued average earnings retained by an employee of a budgetary institution while he is on study leave amounted to 10,000 rubles. The amount of personal income tax is 1,300 rubles, and insurance premiums are 3,020 rubles. (including contributions to compulsory social insurance in case of temporary disability and in connection with maternity (2.9%) - 290 rub.; contributions to compulsory medical insurance (5.1 %) - 510 rub.; contributions to pension insurance, aimed at financing the insurance part of the labor pension (22 %), - 2,200 rub.; contributions to social insurance against injuries (0.2 %) - 20 rub.).

The vacation pay amount is transferred to the employee’s bank card.

All payments and transfers are made at the expense of the subsidy provided for the implementation of the state task.

Since the work of this employee is directly related to the provision of basic government services, expenses associated with the payment of vacation pay and insurance premiums accrued on their amount are considered direct costs included in the cost of services provided.

In the accounting records of a budgetary institution, these transactions will be reflected as follows:

Contents of operation	Debit	Credit	Amount, rub.
Vacation pay accrued	4 109 60 211	4 302 11 730	10 000
Personal income tax accrued	4 302 11 830	4 303 01 730	1 300
The amount of vacation pay minus personal income tax was transferred to the bank card (10,000 - 1,300) rub.	4 302 11 830	4 201 11 610	8 700
Personal income tax listed	4 303 01 830	4 201 11 610	1300
Insurance premiums paid:
- to the Pension Fund of Russia (22 %)	4 109 60 213	4 303 10 730	2 200
- in the Social Insurance Fund (2.9 %)		4 303 02 730	290
- in FFOMS (5.1 %)		4 303 07 730	510
- in the Social Insurance Fund (0.2 %)		4 303 06 730	20
Insurance premiums listed:
- to the Pension Fund of Russia (22 %)	4 303 10 830	4 201 11 610	2 200
- in the Social Insurance Fund (2.9 %)	4 303 02 830		290
- in FFOMS (5.1 %)	4 303 07 830		510
- in the Social Insurance Fund (0.2 %)	4 303 06 830		20

An employee who combines work with study has the right to study leave. The duration of such leave, as well as the possibility of paying for it, depend on the level of education received by the employee, the form of training and the purposes of providing educational leave (passing intermediate, final certification, admission to an educational institution, preparing a final work, passing final exams). Payment for this leave is based on the average earnings accrued to the employee over the last 12 months. When paying for educational leave to an employee, the employer is obliged to calculate and pay personal income tax and insurance contributions from the vacation pay amounts.

Federal Law of July 24, 2009 No. 212-FZ “On insurance contributions to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund.”

Instructions for using the Chart of Accounts for Budget Accounting, approved. By Order of the Ministry of Finance of the Russian Federation dated December 6, 2010 No. 162n.

Instructions for the use of the Chart of Accounts for accounting of budgetary institutions, approved. By Order of the Ministry of Finance of the Russian Federation dated December 16, 2010 No. 174n.

Instructions for the use of the Chart of Accounts for accounting of autonomous institutions, approved. By Order of the Ministry of Finance of the Russian Federation dated December 23, 2010 No. 183n.

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