Study leave is paid or unpaid. How is study leave paid?

Instructions

The main conditions for granting study leave, which are listed in the Labor Code of the Russian Federation, are receipt of the first professional education of a given level, successful completion of the previous session, the need to grant leave related to passing exams or defending a diploma. In addition, the main requirement for obtaining the right to student leave is state accreditation of the educational institution where your employee is studying.

According to Art. 173 of the Labor Code of the Russian Federation, you can provide student leave, but not pay for it, if an employee takes it to take entrance exams to a university, or if he is a student in preparatory departments of educational institutions of higher professional education, and he needs leave to take entrance exams. It is possible not to pay an employee for study leave even in the case when he is studying full-time and combines study with work, and takes leave to undergo intermediate certification, final qualifying work or pass final state exams.

For those employees who study or enroll in educational institutions of secondary vocational education, you are also not required to pay for study leaves if they take them to pass entrance exams, pass intermediate certification or to prepare and defend their final qualifying work and pass final state exams.

You have the right not only not to pay for educational leave, but also not to provide it to an employee who is studying simultaneously in two educational institutions and has already exercised his right by presenting a summons certificate from one of them.

If an employee does not show great zeal for studying and has not passed the last one, you can legally deny him the right to leave and require him to bring a certificate from the dean’s office confirming the absence of academic debt.

Sources:

• Labor Code of the Russian Federation on educational leave in 2019

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.

Instructions

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 agreement, which is concluded in writing between the employee and the employer. 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.

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.

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.

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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Sources:

• study leave at the company in 2019

Employees who successfully study part-time and evening courses at universities, secondary specialized and primary vocational training institutions have the right to paid training. Labor legislation determines the duration of paid additional vacation ov for passing intermediate certification, for preparing a diploma, passing state exams. Payout for vacation calculated from the average salary.

Instructions

Provide the employee with training vacation A:
- require the employee to apply for additional vacation e with the help-call application. The certificate indicates the start and end dates of the exams, as well as the number of calendar days
- issue an order for vacation e. Order according to the unified T-6, it is the basis for payment vacation nykh. Introduce it to the employee against his signature. Enter about vacation e in the personal employee.

Produce vacation nykh:
- sum up the accrued amount for the last 12 months
(in this case, those specified in paragraph 4 of the Regulations are excluded).
- divide this amount by 12 and 29.4 (the average number of days in a month). We received the average daily earnings.
Multiply average daily earnings by number of days vacation A. Exclude from vacation If you receive the personal income tax amount, withhold it.

You pay vacation at least three days before the start vacation A.

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note

Payment is required on all days, including non-working holidays.

Helpful advice

Payment for study leave is made only at the main place of work.

Sources:

• Regulations on the specifics of the procedure for calculating average wages, approved. Decree of the Government of the Russian Federation No. 922 of December 24, 2007.

For employees who combine work and study, the Labor Code of the Russian Federation guarantees exemption from work for the time necessary to pass exams, prepare and defend diploma theses. Training vacation, calculated in calendar days, may be paid or not.

Instructions

Take from the person who plans to go to, a statement about his paid or unpaid study vacation A. Be sure to include with your application

The legislation provides a guarantee of granting leave to persons receiving education. In some cases it is paid according to average earnings, in others it is given but not paid. The procedure and conditions for its provision are prescribed in labor legislation.

Conditions for granting study leave

Session leave is granted under the following conditions:

• Mastering the curriculum of the appropriate level is carried out for the first time. The form of study does not affect the right to receive study leave, but payment is not made when receiving full-time education.

Important: Leave is provided and paid in full if provided for by a collective agreement or law.

• According to Art. 177 of labor legislation, when combining studies in two educational institutions, guarantees and compensation are provided from only one.
• The educational institution must be accredited. An exception is that obtaining education at a non-accredited educational institution is provided for by a collective agreement.
• The basis for providing time for a session is a calling document from the place of study and an application addressed to the employer.
• The duration of study leave is determined by labor legislation.

If a person works part-time, then study leave is granted at the main place of work. In other jobs, the employer must provide additional unpaid time.

Is study leave paid for distance learning?

Study leave for part-time and part-time education is subject to payment by the employer. For example, the employer pays for time when passing the final certification and passing the state exam. Entrance tests are not subject to payment.

How is a session paid for a part-time student at work? ?

Study leave is paid before the start of the session. As a rule, payment is made 3 days before the start of studies or coincides with the nearest date of issuance of an advance payment or salary.

Peculiarities:

• In the first year, when intermediate exams pass, 40 days are given for vacation, in the second year - 40 days (50 if the training is accelerated), in the rest - 50 days.
• When writing a bachelor's thesis or diploma, passing state exams and defending a final thesis, the leave is extended to 4 months.
• Earnings are maintained by 50% when the working week is reduced by 7 hours to 10 months.
• Additional study time is provided for a graduate student of 30 days.
• It is possible to release 1 day per week with payment in the amount of 1/2 of the average salary and 2 days in the last year of study without maintaining pay for a graduate student.
• According to labor legislation, vacation pay when receiving a second higher education is not provided. The exception is cases provided for by the collective agreement.

Payment is not made when listening to courses and passing entrance exams within 15 days. Session leave is paid based on the average salary. For example, earnings for 1 year are 340 thousand rubles:

• 340 thousand rubles: 12 months = 28,333 rubles (average earnings for 1 month);
• 28,333 rubles: 29.3 (average number of days in 1 month) = 967 rubles (wages for 1 day);
• If the summons certificate is provided for 23 days, then the payment is 967 rubles * 23 = 22,241 rubles.

In addition to paying for the study time itself, the employee has the right, in case of successful completion of the program, to pay for travel to the city where the educational institution is located.

If education is obtained at a higher educational institution, then travel costs are reimbursed 100%. In the case of studying at a secondary specialized educational institution - in the amount of 50%.

How to arrange a vacation for a part-time student?

A part-time student's session is paid at work if the employee writes a leave application in advance. It is drawn up in any form and written by hand or on a computer.

The document states:

• name of company;
• position and full name of the manager;
• student worker position;
• Full name of the employee;
• title of the document “Application”;
• pleading part;
• application;
• date of;
• signature and transcript.

The personnel officer issues an order, which is signed by the manager. After the formalities, the employee receives the money. The second part of the challenge certificate is submitted to the employer after passing the session. It is proof of successful completion of your studies.

Depending on the type of education, a different number of paid session days is provided:

1. Obtaining education in a specialist, bachelor's and master's degree program:
   • 40 days – in the first two courses;
   • 50 days for the rest.
2. Receiving secondary specialized education:
   • 30 days – in the first 2 years;
   • 40 days – in other years.

Is the employer required to pay for study leave for full-time study?

According to the provisions of Art. 173 of the Labor Code, the session is paid only for persons undergoing part-time and evening training. Payment is made based on average earnings for the number of days specified in the call-up certificate.

An employee receiving full-time education has the right to count only on the provision of additional unpaid leave. It is worth noting that travel in the event of successful completion of the full-time curriculum is also not paid for as a full-time student.

FAQ

Let's consider some issues of providing time for passing the session.

Is it possible to partially use study leave?

According to labor legislation, persons combining work and study are provided with certain guarantees. An employee who is completing an educational program through part-time or part-time study has the right to apply for additional paid time.

This measure is the right of the employee and the obligation of the employer, that is, the employee can, at his own discretion, take advantage of the provided guarantee or refuse it.

Leave is granted on the basis of an application. The document providing the basis for registration of study leave and payment is a certificate of summons from the educational institution. It indicates the number of days of the session.

Important: The employee may indicate fewer days in the application than in the summons certificate. In this case, the rest of the time should be spent on performing work functions. There is no legal prohibition on such actions. Payment is made in accordance with the application (the required number of days within the interval from the call certificate is indicated). The rest of the time is paid as usual.

Can an employee add their main leave to their study leave?

An employee is entitled to annual rest time. Time to study is given on the basis of a certificate from an educational institution. If they coincide, the annual leave is added to the educational leave or transferred to another time with the consent of the employee.

According to Art. 124 of the Labor Code of the Russian Federation, the annual rest period is extended or transferred to another period in the following cases:

• illness;
• performance of government duties;
• other situations provided for by the Labor Code of the Russian Federation.

The list of circumstances under which annual leave is extended is open. Therefore, there are no grounds for refusing an extension.

In this case, the interests of other employees must be taken into account. If the vacation schedule for this time provides for the rest time of another employee, and the departure of both entails a stop in the production process, then a transfer is carried out.

Study leave is provided and paid if education is obtained for the first time through correspondence or evening classes. The employee has the right to use all or part of the time provided. If educational and annual leave coincide, the second is extended or postponed to another period of time.

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 the preparation of the necessary package of documents. Student leave under the Labor Code can be granted for a different number of days depending on the purpose: entrance exams, session, etc.

As for payment for study leave, this process is 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 the educational process is included in the person’s work experience and goes 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 regulatory 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:

1. 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.
2. Document title: application for student leave.
3. 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.
4. 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.

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

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

Providing study leave upon receipt of the first higher education

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

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

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

The employer is obliged to pay the employee:

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

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

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

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

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

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

Conditions for receiving study leave

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

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

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

Conditions for applying for study leave:

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

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

Study without retakes and satisfactory grades is considered successful.

Calculation and payment of study leave

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

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

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

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

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

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

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

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

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

Obtaining study leave when an employee receives a second higher education

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

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

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

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

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

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

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

Unpaid study leaves

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

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

Controversial situations

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

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

Application for use of study leave, sample: