Additional study leave while maintaining average earnings. Features of payment for study leave

study leave

The employee's graduation means for the employer that he will have to do without the employee for four months. But in order to receive such leave, the employee must provide a certificate - a call for a certain form. He will go on study leave at the employer’s expense only if higher education he gets it for the first time. To obtain a second higher education, the employee will have to take leave at his own expense.

Already from the second or third year of university, students, on their own initiative, strive to earn extra money, getting a part-time job or a full-time job, in order to gain theoretical knowledge along with practical experience. Managers learn about this, as a rule, after receiving a summons certificate. 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 point is important here. The employee is entitled this type guarantees only when receiving education at the appropriate level for the first time. That is, 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 regarded as absenteeism with unpleasant consequences for him.

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, even during hiring, the employer’s administration warns young applicants that the rhythm of work in the company does not allow for absences due to exams or tests. They are offered to solve problems with study leaves on our own and in 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, trying to recover monetary compensation. The forced nature of leave without saving wages they prove it with evidence of the transfer of the application and the summons certificate to the employer and the lack of his response or a direct refusal to grant study leave.

If there is no such evidence, the employee will not be able to win the lawsuit.

So, subject to compliance with the requirements of the law, the employee has the right to go on study leave, and it is in the interests of the employer to check the presence of mandatory conditions for granting it. It is important to keep track of a number of points

Conditions for granting study leave.

1. Training must be carried out by correspondence or full-time by correspondence.
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.

2. 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 similar information on their websites.

This information about state accreditation is indicated in the summons certificate in a special line.

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

3. Education at this level must 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-FZ will help you understand the levels of education and determine which is the first and which is the next.

It is important to remember about two levels of professional education: bachelor's degree - the first level and specialty, master's degree - the 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 is higher in status (Part 5 of Article 10 of Law No. 273-FZ).

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-FZ. The guarantees provided for student workers will not be received by those who are studying:

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

In other words, a Bachelor of Economics (diploma) who has entered a Bachelor's degree in Law will not be able to qualify for paid study leave; this is the same level of education. The same applies 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 these requirements, then study leave should be issued. Otherwise, the employer faces a lawsuit with high risk 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. It confirms arbitrage practice.

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.

Documents for granting study leave

Successful training at the institute will be confirmed by a summons certificate. 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 challenge 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 summons certificate. This is what indicates the success of the training. This conclusion is confirmed by judicial practice.

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 one, 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 Labor Code of the Russian Federation. It contains necessary information to assess the employee’s right to the specified guarantee, that is, the form of training, information about the availability of accreditation, the period of absence of the employee to pass the session.

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. Students educational institutions managed without an official summons 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 final qualifying work) 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.

Order on granting study leave

Order on granting educational leave As a rule, it is drawn up in form No. T-6, although you can develop and approve your own form (Part 4 of Article 9 of the Federal Law of the Russian Federation dated December 6, 2011 No. 402-FZ).

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, promising 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. Courts reach such conclusions when considering “moot” disputes.

Official confirmation from the university should not be ignored, as this information will allow the employee to prove the employer’s guilt in court.

The situation with the absence of the original summons certificate 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 employer. But if the employee presented the certificate later by objective reasons, for example, due to a delay at the university, there are no grounds 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.

Reducing the period of study leave

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 certificate of invitation from the university.

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.

Targeted holidays

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

Student workers 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 call certificate.

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, one third less time is allocated - 10 calendar days (paragraph 2, part 2, article 174 of the Labor Code RF). In order to receive leave at his own expense to pass entrance examinations, the employee will have to submit a certificate of summons for the specified number of days (Part 4 of Article 177 of the Labor Code of the Russian Federation).
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 compliance with all conditions for its provision, is the responsibility of the employer.

Therefore, the employer needs to ensure timely payment of vacation pay. Read how study leave is calculated

But determining the amount correctly is not 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)

However, this norm does not say whether 3 days should be counted in calendar or working days. According to Rostrud, we're talking about about calendar days. If the issuance of vacation pay coincides with a weekend or holiday, then it must be postponed to a later date. early date, and it is not necessary to do this the day before.

In some companies, it is customary to pay for study leave after receiving the detachable part of the call-up certificate. 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. Since the Labor Code of the Russian Federation does not have a special procedure for paying average earnings for targeted leave, you need to 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.

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 temporary disability benefits.

There is no need to extend or transfer leave, since this opportunity is provided only for annual paid leave. 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 paragraph. 1 tsp. 1 tbsp. 9 of the Federal Law of December 29, 2006 No. 255-FZ and sub. “a” clause 17 of the Regulations, approved. Decree of the Government of the Russian Federation dated June 15, 2007 No. 375.

An employee who has paid for his training has the right to tax deduction. Mandatory conditions are that the educational institution has a license and provides documents on actual expenses (subparagraph 2, paragraph 1, paragraph 3, subparagraph 2, paragraph 1, article 219 of the Tax Code of the Russian Federation). The list of documents for the tax office is given in the letter of the Federal Tax Service of Russia dated November 22, 2012 No. ED-4-3/19630@.

So, negative consequences will not happen 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.

Withholding of paid educational leave amounts from the employee

An employer may withhold 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 tear-off 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. The courts see no reason for withholding, since Art. 137 of the Labor Code of the Russian Federation there is no such reason as completing a full course of study before the expiration of study leave.

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 withholding 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 even if he does not return the tear-off part of the summons certificate.

It is more difficult 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.

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 employer has the right to expect reimbursement of costs associated with training an employee if he quit before the agreed date (Article 249 of the Labor Code of the Russian Federation). These costs refer to the cost of training, Supplies, additional classes etc. However, payment of student leave is a guarantee provided for in Art. 173 Labor Code of the Russian Federation. The employer does not have the authority to cancel it in unilaterally, since it is established at the state, and not local or contractual level.

An employee who believes that he was illegally denied leave has 3 months to go to court (Part 1 of Article 392 of the Labor Code of the Russian Federation). If he misses this deadline without good reason, he will lose the case. 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 has a high chance of getting money from an unscrupulous student employee.

The question arises: Does the duration of study leave change if a holiday falls during it?

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 unfortunate decision that the employee will be able to challenge in court. The rule established by Art. 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 provided 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 days holidays.

Study leave - the main issues arising in practice

The Labor Code has five articles establishing guarantees for employees who combine training with work. However, the law does not specify the procedure for their provision, which leads to problems in practice.

Often, an employer requires proof of successful training from a student employee; in particular, they ask employees for a copy of their grade book or an extract from the grade sheet. Such demands are unlawful. If an employee has applied for study leave and provided a certificate of invitation from an educational institution, the employer is obliged to issue him study leave, since the law does not require him to somehow confirm the success of his studies. To receive leave, the employee must submit an application for study leave and attach to it a certificate of challenge, which serves as proof for the employer that the employee is studying successfully and has been admitted to the exams.

Employers often do not know what to do when study leave coincides with the main leave. In such cases, the employer must ask the employee how much leave he intends to take. An employer cannot refuse study leave. He also cannot, on his own initiative, transfer annual leave to other dates. The employee must decide what vacation he will take. Of course, it is more profitable for an employee to take study leave, since during this time, including holidays, he retains his average earnings and still has the right to annual leave. If an employee asks to be granted study leave, the employer is obliged to postpone the annual leave to another time and extend it for the days of study leave.
If an employee wishes to take a session during annual leave, then he must withdraw the application for study leave, and the employer must issue annual leave to the employee as a general rule.
To avoid conflicts, it makes sense for the employer not to include such an employee in the vacation schedule for the time when the employee is called to a session.
Often, employers refuse to grant an employee study leave due to the fact that he has already received a bachelor's degree and entered a master's program. Such a refusal is also unlawful, since in this case the employee is receiving education at a different level, and therefore, by law, has the right to study leave (Part 5, Article 10 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in Russian Federation»).
In practice, employers have a question: when to pay for study leave, before receiving the second part of the call certificate, or after? The employer is obliged to pay for study leave no later than three days before its start. Since the law does not specify how to pay for study leave, it is subject to general rules on vacation pay. For violation of the payment deadline for study leave, the employer must pay the employee monetary compensation in the amount of 1/150 of the Bank of Russia key rate of the amounts that were not paid on time.
In addition, the employer may be subject to a fine of up to 50 thousand rubles. in accordance with Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, and the employee can recover compensation for moral damage in court in accordance with Article 237 of the Labor Code of the Russian Federation.

If the employee worked on an urgent basis employment contract and its period expires during study leave, payment of vacation pay must still be made in full, since the law does not allow study leave to be granted in parts, and therefore it cannot be paid in parts. If the employee’s right to study leave arose before the expiration of the contract, the employer is obliged to provide the employee with guarantees in full.

Employees who decide to improve their level of knowledge by studying at educational institutions are faced with the question of how study leave is paid and to whom it can be provided. In this article we will examine this issue from all sides.

Study leave is time provided to employees undergoing training in special institutions to complete their study plan. This period of time can be either paid or unpaid, that is, at your own expense. We will look further into what this depends on.

The period of absence of an employee from the workplace due to study takes the form:

, i.e. is provided for a certain period of time (in accordance with the documents available to the student and existing legal acts);
reducing employee work time, i.e. reducing the work week to four days or reducing working hours daily.

Providing leave due to training is regulated by Articles 173-176 of the Labor Code of the Russian Federation.

Leave for the period of training is granted to employees undergoing part-time, part-time, evening, part-time and full-time training in the following educational institutions:

General education evening schools;
Educational institutions providing special vocational education;
Higher education institutions;
Universities offering bachelor's, master's and specialty programs.

Registration of study leave

Study leave is processed as follows:

The student writes an application addressed to the employer to grant him the leave required by law to study or reduce working hours.
A summons certificate is attached to the application. This document, received at the place of study, has two parts. Upon completion of this training period, the employee returns the second part to the enterprise with a mark of successful completion of training.
The head of the enterprise issues a vacation order. A sample of this document is given below.

Sample study leave order

How to calculate study leave

Period of exemption from labor activity during study is regulated by the Labor Code of the Russian Federation.

The employer is obliged to exempt students receiving secondary education through evening education from work for the period of passing exams for the 9th grade - for 9 days, for the 11th grade - for 22 days.
The period of absence from work due to passing entrance examinations for enrollment in a secondary educational institution professional level is 10 days;
For admission to higher education institutions – 15 days.
The employee uses the same 15 days to pass the final certification upon completion of preparatory courses at the university.
Part-time students and students of evening departments are entitled to leave of absence in the amount of 40 calendar days for 1 and 2 to pass the examination session. training courses, and in subsequent courses of study its duration increases to 50 days.
If an employee is studying at a secondary school vocational education in the evening or correspondence department, his additional leave lasts 30 days in the 1st and 2nd year, and in subsequent years - up to 40.
Passing the intermediate certification for full-time students in universities lasts 15 days, and in secondary specialized institutions - 10 days.
Preparation and defense of a diploma project, as well as state examinations at a university, free an employee from work for a period of 4 months, regardless of the form of study.
For students of secondary vocational institutions this period lasts 2 months.

For some categories of students, according to adopted laws, the employer is obliged to reduce the period of performance of labor functions. This category includes, first of all, students of general education evening schools. According to the law, they are reduced during the entire academic year. work week by 7 hours by reducing the working hours of daily shifts or providing an additional free day.

The same reduction in working time is provided to students of universities and secondary specialized educational institutions, part-time students and evening students for a period of ten months before passing state exams and defending their thesis.

Study leave and benefits

Russian legislation has established a number of benefits for student employees.

Exemption from performing professional functions for the period provided for by the educational schedule and legislative norms.
Reducing the time required to fulfill labor obligations.
Financial payments during your studies.
Compensation for travel costs to and from school.

It is worth noting that these benefits are not provided to everyone and not always in full.

Legal and unconditional release of employees from work is possible in the case when the education they receive is the first in this department. Leave to obtain a second higher or special professional education may be granted to an employee at the request of the employer. Or given time study is issued as a vacation at your own expense.

Legal suspension of work followed by material compensation To undergo training, it is possible only at the citizen’s main place of work. At an enterprise where work is part-time, it is possible to provide vacation at your own expense. The exception in this case is the desire of the employer.

The provision and payment of study leave is made only to those employees who do not have any debt on curriculum. This information is confirmed by a call certificate.

An employee is exempt from performing work activities for study only in those institutions that have a state license. Otherwise, the wishes and capabilities of the employer are taken into account.

Payment for study leave

In some situations, an employer is not required to make financial payments to its student employees. Such cases include:

receipt by the employee of a second education of this level;
the educational institution does not have a state license;
work at this enterprise is a part-time job;
the student is dishonest in his studies and is nominated for expulsion;
The time provided to an employee to pass exams at preparatory departments of universities and to pass entrance exams to any educational institutions is not subject to payment;
the law exempted the employer from paying compensation for the period of study of full-time students, passing their intermediate certification, state exams and graduation projects.

But, at the same time, the head of the enterprise has the right to pay for the education of his employees in the above situation, if there is a mutual agreement.

And yet, despite the above list, the employer in most cases pays for the period of study of its employees. How to calculate study leave? The employer is obliged to pay study leave to employees in accordance with accepted legal rules and regulations.

The average salary is paid to an employee for the period of study leave in case of successful training in higher educational institutions and institutions providing special vocational education through part-time and part-time courses. This applies to periods for passing exams, state exams, and defending diplomas.

Students of general education evening schools are paid an average salary for the period of passing final exams.

Payment in the amount of 50% of the amount of earnings is paid to part-time students and evening school students for the period of shortening the working week.

Payment for study leave follows the same scheme as for regular leave. Pay Money made three days before the start of this period.

If there is no confirmation that the employee was studying (failure to provide a certificate from the educational institution), the employer may demand that the dishonest employee return the money paid.

It is not carried out during the employee’s absence from the workplace due to study.

For part-time students studying in another city, a discount on the return of travel costs is provided. But there are some nuances here too.

Firstly, travel compensation is paid once per academic year.
Secondly, for part-time students studying at universities, payment is 100% of the cost.
Thirdly, for employees studying in special vocational educational institutions, this figure is 50%.

In the current situation, our state’s concern for increasing the knowledge of citizens is encouraging. A part-time student working at an enterprise is, at least partially, financially protected.

Study leave - features

The registration and provision of study leave is somewhat similar to the main one, but there are some features.

The period of study leave is not extended in accordance with holidays or time of incapacity (illness), as happens during regular leave.

Study leave cannot be part of the main one provided by law. If the employee’s main vacation coincides with the school schedule, the head of the enterprise is obliged to postpone the legal vacation to another time, at the request of the employee.

The acquired specialty may not correspond to the professional obligations performed by the employee at the moment.

The employer is obliged to provide leave for study, regardless of when the employee entered the educational institution: before joining this work or after.

The Labor Code of the Russian Federation provides our citizens with the opportunity to exercise their right to receive education without interrupting the production process. It would be a sin not to take advantage of such a right.

Hello Alena, you are being misled

The entire complex of guarantees and compensations for employees combining work with training is expressed in providing them with more free time from work for successful study and advanced training. They are established by Chapter 26 (Articles 173-177) of the Labor Code of the Russian Federation, as well as by the Federal Law of August 22, 1996 “On Higher and Postgraduate Professional Education.” Such guarantees and compensation are special, relate to the institutions of working time and rest time and reflect additional guarantees of the right to rest for this category of workers.

An employee can learn:

in a higher educational institution (institute, academy, university);
in an educational institution of secondary vocational education (college, technical school);
in an educational institution of primary vocational education;
in an evening (shift) general education institution.

The guarantees and compensations provided for by the Labor Code of the Russian Federation are provided only if the educational institution has state accreditation and the employee studies there successfully.

In accordance with Art. 177 of the Labor Code of the Russian Federation, guarantees and compensation for employees combining work with training are provided when receiving education at the appropriate level for the first time.

Additional vacations for this category of employees may be supplemented by annual paid vacations by agreement between the employer and the employee.

An employee who combines work with studying simultaneously in two educational institutions is provided with guarantees and compensation only in connection with studying in one of these educational institutions at the employee’s choice.

For employees studying by correspondence in educational institutions of higher professional education that have state accreditation, once a academic year the employer pays for travel to the location of the relevant educational institution and back, and for employees studying by correspondence in educational institutions of secondary vocational education in the amount of 50 percent of the cost of travel.

In appropriate cases, training employees are provided with:

additional leave while maintaining average earnings;
leave without pay.

Additional leave while maintaining average earnings provided:

1. when studying at a higher educational institution on a part-time or evening basis:

for passing tests and exams in the first and second years - 40 calendar days, in each of the subsequent courses - 50 calendar days (when mastering basic educational programs in a shortened time in the second year - 50 calendar days);
for preparing and submitting a diploma and passing final state exams - four months;

2. when studying at an educational institution of secondary vocational education in a correspondence or evening department:

for passing tests and exams in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;
for preparing and defending a diploma and passing final state exams - two months;
for passing final state exams - one month;

3. when studying at an educational institution of primary vocational education: for passing exams - 30 calendar days within one year;

4. when studying in an evening (shift) general education institution:

for passing final exams in 9th grade - 9 calendar days;
for passing final exams in the 11th (12th) grade - 22 calendar days.

Vacation without pay provided (Article 173-176 of the Labor Code of the Russian Federation):

1. upon admission to a higher education institution:

for employees admitted to entrance exams - 15 calendar days;
employees - students of preparatory departments of higher educational institutions for passing final exams - 15 calendar days;

2. when studying at a higher education institution as a full-time student:

for passing exams and tests - 15 calendar days per academic year;
for preparing and defending a diploma and passing final state exams - four months;
for passing final state exams - 1 month;

3. upon admission to an educational institution of secondary vocational education for employees admitted to entrance exams - 10 calendar days;

4. when studying at a full-time secondary vocational education institution:

for passing exams and tests - 10 calendar days per academic year;
for preparing and defending qualifying work and passing final state exams - two months;
for passing the final exams - one month.

To receive legal guarantees, before leaving for the session, the student must write an application and bring a certificate of summons from a secondary specialized institution in the form approved by Order of the Ministry of Education of Russia dated December 17, 2002 No. 4426. These certificates indicate for what period the employee requires leave. Proof that a person actually passed the exams is a confirmation certificate, which the administration of the university, college or technical school fills out after the end of the session and certifies with a seal.

Leave without pay. Legal regulation Leave without pay is covered by Art. 128 Labor Code of the Russian Federation. Although it is located in the section regarding rest time, in the chapter on vacations, in essence, unpaid vacations are not vacations, since these vacations are of a targeted nature. Such leave may be granted to an employee by family circumstances and other valid reasons upon his written application. The duration of this leave is determined by agreement between the employee and the employer.

Leave without pay differs from other types of leave that we discussed earlier in that it is provided, firstly, without pay, and secondly, without taking into account length of service. The only thing these leaves have in common is that in all cases the employee retains his place of work.

The legislator clearly regulates the procedure for granting leave without pay. It can be provided with the permission of the head of the organization and is formalized by an appropriate order (instruction).

These include:

participants of the Great Patriotic War- up to 35 calendar days a year;
working old-age pensioners (by age) - up to 14 calendar days per year;
working disabled people - up to 60 calendar days per year;
parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days;
employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

This list is not exhaustive. In the Labor Code of the Russian Federation, federal laws, laws of constituent entities of the Russian Federation or local regulations may stipulate other categories of employees entitled to leave without pay, and cases of its provision. For example, employees admitted to entrance examinations to higher educational institutions last up to 15 calendar days, on average - 10 calendar days (Chapter 26 of the Labor Code of the Russian Federation), women caring for a child under three years of age have the right to unpaid leave wages (Article 256 of the Labor Code of the Russian Federation).

In accordance with Art. 263 of the Labor Code of the Russian Federation, additional leaves without pay are provided to persons caring for children.

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother (father) raising a child under the age of 14 may be granted annual additional leave without pay by a collective agreement. at a time convenient for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

In all cases, the provision of leaves without pay, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on said leave, the employee may interrupt it at any time and return to work by notifying the employer in writing.

During the period of unpaid leave, as well as during paid leave, the employer does not have the right to dismiss an employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

I wish all the best!!! I learned this way myself

, working students begin to think closer to the beginning of the next session. How is study leave paid? , if an employee enters an educational institution and is not entitled to vacation pay, you will learn from our article.

Who is granted study leave?

The Law “On Education” dated December 23, 2012 No. 273-FZ does not prohibit working citizens from receiving education. That is why many workers improve their skills and gain new knowledge. However, as the session approaches, the question arises: who is entitled to student leave?

Such leave is required to be provided only by the enterprise that is listed as the citizen’s main place of work. If we are talking about part-time employment (it does not matter whether it is internal or external), the employee can only receive leave at his own expense.

Under no circumstances can study leave coincide with other types of leave. For example, a girl is on maternity leave and wants to take student leave for the period of the session. In this case, she must interrupt her maternity leave.

The issue of annual leave is resolved in the same way. Study leave can be added to annual leave, but only with the consent of the employer.

If a citizen has gone on study leave, then no one has the right to deprive him of annual leave. When two holidays coincide, the annual leave is transferred.

In cases where an employee studies in several educational institutions, he has the right to take study leave in only one of them of his choice.

One more thing worth paying attention to important rule. An employee can be sent on leave if the educational institution in which he intends to receive education has state accreditation (this fact is noted in the summons certificate; the employee does not need to request any additional documents from the educational institution). In other cases, the employer has the right to give leave if this is stipulated in the collective agreement.

In this case, education can be obtained in:

university;
technical school or college;
educational institution of primary vocational education;

But the employee acquires all guarantees and compensation only if he is studying at this level of education for the first time. The form of training in this case does not matter - the employee has the right to receive leave to take the examination session regardless of whether he is studying full-time, part-time or part-time (evening).

How is study leave processed?

In order to receive study leave, the employee provides the HR department with a summons certificate. The application is drawn up in any form, required condition— the purpose of taking leave (for example, to write a thesis).

The help call consists of 2 parts: the first educational organization fills out before the start of the exams, the second - after passing them. Both parts are submitted to the personnel department (accounting) of the enterprise.

The first part of the certificate is attached to the application. The second part is transferred to the accounting department or human resources department after passing the session.

The absence of the second part of the summons certificate is not grounds for refusal to grant leave.

Is study leave paid?

If the employee receives additional education and combines it with his main activity, then by law he has the right to receive leave to take exams.

In some cases, during study leave, the employee is paid average earnings, which are calculated in the same way as for other vacations. However, in some situations, an employee is granted leave without pay.

Such cases include:

Upon receipt of higher education, passing the following tests:

entrance examination;
final certification of the preparatory department of a higher educational organization;
intermediate certification for full-time study;
passing state exams on a full-time basis;
preparing and defending a diploma and passing state exams (full-time).

Upon receipt of secondary vocational education:

entrance examination;
intermediate certification (full-time study);
state certification (full-time study).

In all other cases, the employee is allowed to go on vacation while maintaining the average salary.

Vacation without pay is a separate period of rest for an employee, provided for labor legislation. Its receipt does not depend on length of service. However, for the entire duration of the vacation, the employee loses wages. The guarantee in this case is that, regardless of the amount of leave, the citizen retains his job.

As a general rule, vacation pay must be issued to the employee 3 days before the start of the vacation. However, if a citizen provides a summons certificate, for example, 1 day before the vacation, then the accounting department is recommended to accrue payments as soon as possible, no later than the next working day.

After all the exams have been passed, the employee submits the second part of the challenge certificate to the accounting department.

Some employers delay payments until they receive confirmation that the session has been passed. However, this is illegal! In this case, the violating organizations are obliged to pay not only vacation pay, but also monetary compensation in the amount of not less than 1/300 of the refinancing rate for each day of delay in the payment of vacation pay.

How is payment for study leave made?

Student leave is granted in calendar days. In addition, the calculation of time also includes non-working days and holidays that occurred during this period. They are paid as regular days.

Student leave can be divided into several parts. The Labor Code does not provide for the option of recalling an employee from such leave.

We draw your attention to the fact that the employer does not have the right to replace educational leave with monetary compensation, since this time is not included in the period allotted to the employee for rest, but is a guarantee that allows him to receive an education.

The employer's responsibilities also include paying for travel to the employee's place of study once a year (round trip). Moreover, if the employee receives a higher education, then the travel is paid in full, and if the employee has a secondary education, it is paid in the amount of 50% of the cost of the tickets.

Study leave pay: what else you should know

If the employee has not provided the second part of the summons certificate stating that he has passed the exams, the employer does not have the right to collect payment for study leave from him. All cases when funds can be deducted from an employee’s salary are listed in Part 2 of Article 137 Labor Code; There are no questions regarding student leave and call certificates.

What if an employee passes the session early, and accordingly, the end dates of the vacation in the first and second parts of the call certificate are different? Judicial practice has come to the conclusion that the employer will also not be able to recover from the employee the amount for days not taken off.

If an employee falls ill during student leave, he can contact the dean’s office of the educational institution with a corresponding application. He is issued a new summons certificate with changed dates. That is, the vacation does not increase, it is only extended for the duration of the sick leave. However, the employer does not pay sick leave. But if the employee is still sick after the end of the vacation, then sick leave will be paid for this period.

An employer cannot withhold money from an employee even if the latter did not pass exams or was expelled from an educational institution, since providing study leave is an obligation, not a right of the employer.

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In practice, a situation may arise when the employer does not provide leave, despite the fact that the employee wrote an application and brought a certificate of summons. Many citizens, without waiting for the order to be issued, do not go to work, and the employer, in turn, fires them. What should I do?

The provision of study leave is guaranteed by law to any employee. Therefore, if all conditions for leave are met, the employer is obliged to sign the employee’s application. This is also evidenced by judicial practice, according to which workers dismissed in this way are reinstated and receive average earnings for the period of forced absence.

Employers consider receiving non-core education to be another reason for refusing to grant study leave. However, if you carefully study the provisions of the Labor Code, you can note that it does not connect the fact of training in a certain specialty (usually one that is related to the position held) with the provision of study leave.

And finally, those who receive higher education (bachelor's or master's degrees) have the right to reduce the working week by 1 day. In this case, it will be paid in the amount of 50%. But the employer can also provide employees studying in their final year with 2 days off from work per week, but without retaining their earnings.

Thus, the provision of student leave, subject to all the conditions provided for by the Labor Code of the Russian Federation, is an obligation, not a right of the employer. Therefore, when presenting a summons certificate and an application in case of refusal by the manager, apply for protection of your rights to the labor inspectorate or to the court.

Every entrepreneur is interested in improving the professional level and qualifications of his employees, since the productivity of the organization is directly dependent on these indicators. That is why every student who studies at a state-accredited educational institution has the right to leave to take exams and fully participate in the educational process.

When an employee is absent from the enterprise on the basis of valid reasons that he has, which are related to the fact that he is studying at a school or university, this is called study leave, subject to registration required package documents. Student leave according to the Labor Code can be granted for different quantity days depending on the purpose: entrance exams, session, etc.

Regarding payment for study leave, this process regulated by the same Labor Code. Students have the right to retain their average earnings for the vacation period only if they study at an accredited educational institution, and the number of days per year that they ask the employer to provide does not exceed the number of days provided for by law.

Who is eligible and under what conditions

In order for an employee to have the opportunity to study, the management of his company must send him on study leave. Since the manager is interested in training his employees, the time spent on educational process, is included in a person’s work experience and counts towards the vacation that is guaranteed to him by law.

Study leave is granted in the following cases:

the employee entered university for the first time;
the employee is on the staff of the company or undergoes an internship there;
the employee intends to enroll in a part-time or evening course.

Certain benefits, as well as the opportunity to study while continuing to work, are available to those who have entered graduate school, applicants and doctoral students. This right is enshrined in a separate law of 1996 on higher and postgraduate education.

An entrepreneur has the right not to allow an employee who works in the organization as a part-time worker, that is, not working full time, to undergo training.

If an employee is engaged in obtaining a second education, including situations where this is caused by production needs, leave can be granted and paid to him only if this is allowed by the employment contract or collective agreement of the organization.

If an employee manages to receive education in several institutions at once, then the employer has the right to grant him study leave exclusively in relation to one of them. The employee himself has the right to make his choice in favor of an educational institution.

Student leave under the Labor Code

The main provisions that relate to study leave are regulated by Chapter 26 of the Labor Code of Russia. The issue of guarantees and compensation is reflected in Article 173 of the same normative document. This article also defines benefits for individuals who are preparing for entrance exams, those admitted to entrance exams, as well as correspondence and evening students.

The university or other educational institution that has been chosen by a person to receive education must have an accreditation status assigned by the state, which is confirmed by documents. Studying at a university that has not been accredited does not allow one to count on guarantees, unless otherwise provided by the Labor Code, namely Articles 173 - 177, and the internal documents of the organization.

Study leave has a number of features:

In case of illness of an employee during study leave, unlike annual paid leave, the leave is not extended. This is due to the fact that it is provided to achieve specific goals. The benefit should not be accrued for days of loss of ability to work. In the same case, if the employee’s illness continues after the end of the vacation, he will be accrued sick leave.
It is not possible to shorten study leave due to emerging production needs. An exception is possible only if the employee personally writes a statement indicating a shorter period than that indicated in the summons certificate.
It is impossible to recall an employee from study leave.
It is also not possible to replace such leave with monetary compensation. This defeats the purpose of the vacation.

Guarantees for the employee, according to Article 173 of the Labor Code

Employees who were sent for training by their employer, as well as those who entered training on their own, have the right to receive leave with pay in the following cases:

Leave is granted without pay:

for 15 days for those who are admitted to entrance exams;
for 15 days to pass the final certification by employees who are students of preparatory courses;
for the same period to prepare and defend a diploma and pass state exams for those employees who are studying full-time.

Other guarantees provided to students:

For correspondence students, the employer reimburses travel expenses to and from the place of study once a year;
for a period of up to ten months before the start of the final state certification, at the request of the employee, a working week can be established for him, which is shortened by 7 hours (a person has the right to choose whether his working week will be shortened by one day or each working day will be shortened by 1 hour) ;
guarantees for workers who study in educational institutions that do not have state accreditation are established by a collective or labor contract.

Other guarantees to which an employee is entitled are enshrined in Articles 174-177 of the Labor Code of the Russian Federation. For example, under the provisions of Article 177, an employee can reach an agreement with his employer regarding additional leave in connection with studies being added to his main leave. However, the employee has no right to demand this.

Documenting

Student leave under the Labor Code can be issued only after the employee submits an application and a summons certificate to the HR department. The first document does not have a clearly regulated form and is drawn up in any form. Be sure to indicate in it the purpose for which the person wants to take leave.

A challenge certificate is a document consisting of two parts: the first is filled out by the educational institution before the start of the examination period, the second - after passing the session.

Both parts of the paper must be submitted to the HR department. In this case, the first is submitted along with the application, the second - after the exams are over. If the second part of the certificate is missing, this is not a reason for the person to be denied leave.

Application from an employee

When drawing up an application, you need to pay attention to the fact that the number of days indicated in it coincides with the number of vacation days indicated in the summons certificate. An employee has the right to write an application for a smaller number of days if this is caused by production necessity.

The application consists of the following blocks:

A hat that indicates in whose name it is being submitted, as well as the position of this person; The second required detail is the name and position of the person submitting the application.
Document title: application for student leave.
The main part, which sets out the request for leave with pay, indicates the dates, and the number of the call-up certificate from the educational institution.
Date and signature are added.

In the event that an employee is required to be granted leave for a period that exceeds the period determined by the Labor Code, only those days that comply with the limitation established by the Labor Code will be paid, the remaining days will be included in free leave.

Display in personnel records

An employee's additional study leave must be properly documented.

For this purpose, it is intended to be displayed in the following documentation:

Order in form No. T-6, in section B of which it is indicated that the person has been granted additional leave with pay, the start and end date of the leave, as well as the number of days that will be paid.
The following notes are made on the working time sheet:
- in case of granting leave with pay, you can use the letter code U or digital code - 11;
- if the salary is not maintained - UD or 13.
A note is made in the person’s personal card in section 8 about additional leave.

Payment order

An employee will receive payment while on study leave only when the training is successful. It is assumed that there are no tails and no need to take extra days to retake exams. In this case, you can rely solely on vacation at your own expense, which can only be obtained with the consent of the manager.

Payment for study leave follows the same principles as regular leave. To calculate the average monthly income of a person, you need to add up all her income and divide by 12. After this, the resulting number is divided by the average number of days in each month. Article 139 of the Russian Labor Code determines that it is equal to 29.3. The result is a person's average daily earnings.

To calculate compensation for study leave, you need to multiply the resulting amount by the number of vacation days indicated in the employee’s application. This amount should not exceed the number of days that can be compensated according to the Labor Code of Russia.