Is study leave paid? How is student leave paid? This number is obtained using the formula

The modern edition of the Labor Code contains a large list of conditions and requirements for part-time students to take paid leave to take exams. Such leave includes the number of days necessary and sufficient to prepare for the session and pass it. Article 287 of the Labor Code of the Russian Federation states that part-time workers have the right to guaranteed paid leave only at their main place of work. In 2017, the procedure for paying vacations to absentees did not change.

If a student combines several jobs, then he can take leave at his own expense from other, non-main places. But only if this is specified in the employment contract and there is a workplace for this purpose. the necessary conditions. Otherwise, the employer can always refuse study leave, and absence from work during the session will be classified as.

Study leave is legally paid to part-time students, subject to strict conditions. The rule applies to types of training:

• Part-time, evening or distance learning at a university.
• Secondary vocational (technical school, school, college).
• Evening primary, if it occurs in shifts.
• Overall average.

Students enrolled in graduate or doctoral programs are also entitled to paid leave during the session. Study leave should not coincide with other types of leave. So, if a student is currently in , then to receive study leave he needs to leave the previous one.

Other requirements for receiving paid leave:

• A person receives a specific level of education for the first time, that is, at the first higher or secondary level.
• A student can receive if his employer sent him to study.
• The educational institution must have a state license-accreditation.
• Payment is also possible in other cases, if this is stated in the employment contract.
• When simultaneously studying in educational institutions of different levels, leave is possible only for one of them.
• The university provides the student with a certificate of challenge to take the exam.

Education must be successful. The Labor Code does not say what exactly is considered successful study.

But in general cases, successful study implies no debts for previous study periods.

Collection of necessary documents

To apply for leave while studying, a student needs to take from a university or other educational institution a summons certificate of the established form and draw up an application yourself.

The application is written in the name of the main employer and contains a request to go on vacation at a specific time for specified reasons (for example, to pass the winter session at Moscow State University).

At the end it is written “I am attaching a summons certificate to the application”, signed and dated.

The end of the session is certified in a special part of the call certificate at the educational institution.

Such a confirmation certificate is given to the employer and serves as documentary evidence that the student used the leave for its intended purpose. The employer has the right to regard the absence of a certificate as absenteeism, and it may be followed by.

Upon receipt of the summons certificate and written application from the student, the employer draws up and signs order form No. T-6 or your own form, When granting study leave to several employees, an order of form T-6a is used.

Amount of payments for study leave

• Payments for educational leave are calculated based on the average monthly level.
• All the employee’s labor income for the year is taken and divided by 12 months.
• The resulting figure is divided by the average number of days in a month (according to Article 139 of the Labor Code of the Russian Federation, it is equal to 29.3).
• It turns out .
• The amount of vacation pay is equal to the average income per day multiplied by the number of vacation days.

All vacations by law must be paid no later than 3 days before they begin (Article 136 of the Labor Code of the Russian Federation). In the case of study leaves, payments are due within the same time frame, that is, even before the start of the session.

Vacation dates

According to Art. 173 of the Labor Code of the Russian Federation, part-time students while studying at a university are entitled to certain vacation periods if they are receiving education for the first time and in a state educational institution:

1. In the first and second year - 40 days to pass the session;
2. Third and subsequent courses - 50 calendar days;
3. Defense of the diploma and final state accreditation - up to 4 months.

In the period 10 months before the start of the final state exams at the initiative of a part-time student, the length of the working week can be reduced by 7 hours while maintaining half of the average earnings.

Leave during the session when receiving secondary specialized education is slightly shorter. For first and second year students - 30 days per calendar year, third year students and beyond - 40 days. No more than 2 months are given to defend your thesis and final exams.

Display in accounting

Entries about educational leave in accounting should be made in section 8 of the employee’s personal card, Form No. T-2, or a form of your own design. One of two entries is made about the type of leave:

1. Additional paid for the duration of your studies.
2. Unpaid training.

Columns No. 2 and 3 about the period of work should not be filled in, since study leave is not included in the accounting of working hours. The fields about the number of vacation calendar days, the exact dates of the beginning and end of the vacation are filled in, and a link to the number and date of the order signed by the director is also provided.

The time sheet based on forms No. T-12 or T-13 during the vacation period is filled out by affixing special codes. Paid study leave corresponds to code U or 11.

Possibility of extending vacation

A part-time student can extend his study leave if he is ill during the session. To do this, he needs to contact his educational institution and draw up an application to increase the session for the duration of his illness. At the same time, a new challenge certificate with different dates is issued to the student.

Help refers to workplace, to the accounting department or human resources department, where the employee is granted the remainder of the vacation.

But the maximum duration of paid leave does not increase.

Let's summarize the article. Paid leave for part-time students is guaranteed in full by the Labor Code of the Russian Federation, but only if certain conditions are met. Among them are receiving education at this level for the first time, state accreditation of the educational institution and successful studies, the absence of “tails” for previous sessions.

Also, only the employer from the main place of work can provide leave. The terms of study leave and additional benefits for correspondence students are described in Art. 173-176 TK. The amount of payment depends on the person’s average daily earnings.

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An employee who combines work with education must be granted student or educational leave. In some cases, study leaves are paid based on the employee’s average earnings, in others they are not paid at all.

The basic rules for granting student leave are prescribed in the Labor Code. But besides the Labor Code of the Russian Federation, there are other legislative acts on the basis of which an employee has the right to go on leave in connection with training.

Conditions for granting student leave

Study leave must be granted to an employee if:

• he is receiving education at the appropriate level for the first time (Article 177 of the Labor Code of the Russian Federation);
• he is studying in an educational program that has state accreditation (Articles 173-176 of the Labor Code of the Russian Federation);
• he provided the employer with a summons certificate in the prescribed form (approved by Order of the Ministry of Education and Science of Russia dated December 19, 2013 N 1368). Such a certificate is issued by the educational organization where the employee studies (Article 177 of the Labor Code of the Russian Federation);
• The employing organization is the main place of work for the student employee (Article 287 of the Labor Code of the Russian Federation).

Educational programs can be:

• higher vocational education- bachelor’s, specialist’s, master’s, postgraduate, residency, assistantship-internship (Article 173 of the Labor Code of the Russian Federation);
• secondary vocational education - training in technical schools, colleges, vocational lyceums, etc. (Article 174 of the Labor Code of the Russian Federation);
• basic general or secondary education - training in schools, gymnasiums, etc. (Article 176 of the Labor Code of the Russian Federation).

With that said, if your employee receives a second higher education, including due to production needs, and/or is studying in a program that does not have state accreditation, you can provide and pay him leave only if this is provided for in the employment contract with him or your collective agreement.

At the same time, if your employee manages to study in two educational institutions at once (and even works), then he can be granted study leave only in relation to one of these institutions at the employee’s choice (Article 177 of the Labor Code of the Russian Federation).

By the way, by agreement with the employer, the employee’s additional study leave can be added to the annual main paid leave (Article 177 of the Labor Code of the Russian Federation). But the employee has no right to demand their unification.

Student leave: how is it paid?

Before moving on to the question of how student leave is paid in 2019, let’s figure out which educational leaves are paid and which are not. Moreover, paid leave for a session under the Labor Code can be of different durations. All this, of course, must be taken into account before you start paying for your vacation.

Paid student leave according to the Labor Code.

Unpaid student leaves under the Labor Code in addition to paid ones.

Now directly about the calculation of vacation pay. Each day of an employee’s paid educational leave must be paid based on the employee’s average earnings, which is determined according to the same rules as for calculation (Articles 139, 173-176 of the Labor Code of the Russian Federation). But in the case of student leave, all calendar days included in it are subject to payment, including weekends and non-working holidays (clause 14 of the Regulations, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

The average earnings accrued for the days of study leave must be paid to the employee within the standard period for transferring vacation payments - no later than 3 calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation, Letter of Rostrud dated July 30, 2014 N 1693-6- 1).

Application for student leave

As mentioned above, in order to be granted study leave for almost any of the “student” reasons, the employee must provide the employer with a summons certificate from the educational organization. In some cases, other documents may be used to justify the need for study leave. For example, if your employee is going to defend a dissertation and receive academic degree candidate or doctor of sciences. In this case, he will provide you with an extract from the decision of the dissertation council (clause 5 of the Rules, approved by Decree of the Government of the Russian Federation of May 5, 2014 N 409).

But regardless of the summons certificate (extract from the council’s decision), the employee must also write an application for leave. If the application indicates the same number of vacation days as in the summons certificate, or less, the employee must be granted vacation in accordance with the application. It could be composed, for example, like this.

Application for student leave (sample) to the General Director of Kaleidoscope LLC, A.A. Samokhin.

Statement

dated 05/16/2019 N 3

About granting additional leave

to pass intermediate certification

I ask you to provide me with additional leave from 06/03/2019 to 06/28/2019 while maintaining my average earnings to undergo intermediate certification at the federal state budgetary educational institution of higher professional education “Russian State Social University”. Certificate of summons from the university dated May 13, 2019 N 954 is attached.

Specialist of the business planning department Korzhova M.Yu.

If it turns out that during the academic year, in accordance with the summons certificates, you will have to provide the employee with additional leave for a total period longer than that provided for by the Labor Code of the Russian Federation, then he will need to pay for the days of vacation in accordance with the restriction under the Labor Code, and the remaining days will be placed on unpaid leave.

Employee study leave in personnel documents

Providing additional study leave to an employee naturally requires a certain documentation.

Order. As in the case of annual paid leave, it is necessary to issue an order in Form N T-6 (). In it, in section “B”, indicate that the employee has been granted additional leave with the same average earnings, its start and end dates, duration in calendar days, and the number of paid vacation days.

Time sheet. Vacation days in form N T-12 or N T-13 (approved by Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1) must be indicated by the following codes:

• if leave is granted while maintaining average earnings, then the letter code “U” or the numeric code “11” is used;
• if leave without saving average earnings - letter code “UD” or digital code “13”.

Employee's personal card. It makes a note about additional leave employee in section VIII.

Other guarantees for employees combining work and study

Once a year, the employer must pay for travel to the location of the educational institution and back for employees who successfully study at by correspondence training in the organization:

• or higher professional education - in the amount of 100% of the fare (Article 173, Article 173.1 of the Labor Code of the Russian Federation);
• or secondary vocational education - in the amount of 50% of the fare (Article 174 of the Labor Code of the Russian Federation).

In addition, employees combining work and training may have their working hours reduced. The reduction rules depend on the level of education received, form of training, etc. (Articles 173-176 of the Labor Code of the Russian Federation).

Features of study holidays

Additional study leaves have their own characteristics that employers should not forget about. Let's list some of them.

Feature 1. If an employee falls ill during study leave, the leave is not extended. Since it is provided for very specific purposes and for the period specified in the summons certificate. Accordingly, for days of temporary disability falling on vacation, benefits are not paid (clause 1, part 1, article 9 of the Law of December 29, 2006 N 255-FZ, clause “a” clause 17 of the Regulations, approved by the Decree of the Government of the Russian Federation dated 06/15/2007 N 375). If the employee continues to be sick even after he is supposed to go to work (at the end of his study leave), then from the day following the last day of leave, he should be accrued benefits (Article 183 of the Labor Code of the Russian Federation, Part 2, Article 5 , Part 1 Article 13 of the Law of December 29, 2006 N 255-FZ).

Feature 2. Study leave cannot be reduced due to production needs, i.e. the employer does not have the right to provide the employee with a leave of shorter duration than indicated in the call-up certificate. An exception is that an employee, on his own initiative, writes an application for leave for a shorter period.

Similarly, the employer does not have the right to refuse to provide an employee with study leave if he has a certificate of summons from the educational institution.

Feature 3. An employee cannot be recalled from study leave (Article 125 of the Labor Code of the Russian Federation). Otherwise, this would lead to a change in the duration of the vacation.

Feature 4. Study leave cannot be replaced with monetary compensation. Such a replacement would contradict the intended purpose of the vacation.

Many employees in organizations continue to receive education while already officially employed. In this regard, experts personnel service Enterprises are often faced with the question of whether an employee receiving education is entitled to leave. If so, should it be paid and in what situations is it provided? How is study leave paid?

There are really a lot of nuances in this matter, so each situation requires an individual approach. It is necessary to pay attention to a huge number of aspects, for example, the form of training of the employee and his performance. Even the Labor Code of the Russian Federation cannot provide accurate answers to all questions that arise.

Mandatory conditions for provision

A student’s right to paid study leave is protected by the Labor Code of the Russian Federation, so simply refusing to grant it to him is illegal. However, the student must understand that the requirements for his studies are also strict. For example, the Labor Code stipulates that a student must demonstrate academic success, otherwise the organization has the right to refuse him. This point is the most controversial - the whole point is that the code does not explain by what criteria study can be considered successful, which thus leaves room for the actions of the organization itself. It is generally accepted that a session passed without “tails” is a sign of successful study.

Requirements also apply to the educational institution in which the employee is studying. The institution must have state accreditation, which, according to the TC, is considered a sign of undeniably high quality teaching. A student can additionally request a paper confirming the presence of state accreditation with a certificate - a challenge, however, in most cases this is unnecessary - such information is included in the certificate itself.

Employees, receiving education in non-governmental organizations, the company has every right not to let go at sessions and other events related to obtaining education, except in cases where this opportunity is assigned to the employee by clause employment contract or contract.

Therefore, the employee should probably discuss the provision of study leave before employment - this will avoid many problems in the future.

Finally, there is one more condition - An employee is granted study leave only if he receives his first education. You should be most careful with this point - figuring out which education can be considered second and which cannot is very problematic, especially for those who are not aware of the current system of education at universities.

]Despite the fact that with secondary education everything seems to be clear, there is also an interesting point here - even if an employee has a diploma of qualification in secondary education, but he continues to study in training courses for mid-level specialists, he should be provided.

Regarding higher education, the second is considered to be training, for example, in undergraduate programs with a bachelor's degree. In this case, the company has no obligation to provide study leave to the employee, and again it is necessary to review the clauses of the contract to try to find information there governing such relations.

But if an employee with a bachelor’s degree decides to continue his studies in a master’s degree, this is not considered a second education - in this case, the employee can fully enjoy the rights that the Labor Code offers him.

Duration of study leave

University students should be paid leave only in cases where their form of study is part-time or part-time. For full-time students
Study leaves are not paid, however, they also have the right to leave without pay, enshrined in the Labor Code of the Russian Federation wages. Unfortunately, most of them are not aware of this possibility and, as a result of their ignorance, are forced to find compromises, for example, working night shifts.

It is useful for full-time students to know, first of all, that they have the right to as many as four (!) months of unpaid leave in case of passing their final qualifying work and another month for passing state certification exams. Considering that, as a rule, the academic qualifications and state certification are not very scattered in terms of terms, these two unpaid leaves can be combined into one. In addition, two weeks are guaranteed for employees passing entrance tests, including exams for admission to a master's program after a bachelor's degree.

Regarding employees - students receiving secondary education, the same procedures apply, however, the vacation periods have been reduced. For example, only two months are allocated instead of four to pass the state final certification, and only 10 days are given to pass the entrance examinations.

Is study leave paid for part-time students? The organization must provide paid leave to such students for each session (course 1 and 2 – 40 days, all subsequent ones – 50 days). In addition, to write a final qualifying work, a correspondence student has the right to immediately 4 months of paid leave.

The video explains how to pay for study leave.

Should working hours be reduced?

Providing educational leave to an employee is not the only guarantee to which an employee receiving education is entitled.
The Labor Code of the Russian Federation also provides him with the opportunity to reduce his working week. Full-time and part-time students are again in a better position, because they have the right to a working week reduced by 7 hours during the 10 months preceding the test final qualifying work and state certification.

Moreover, these 7 hours must also be paid by the organization, but not in full, but only in the amount of 50% of the hourly tariff rate (also, payment should not be lower than the minimum wage). The Labor Code does not explain how an additional 7 hours of rest will be provided to an employee, which means that it is obvious that the employee must himself reach a consensus on this issue with his superiors.

It is possible to reduce the working day or provide an additional day off. In this case, it is best to conclude an additional agreement with the employer regulating this issue, or include a corresponding clause in an existing document.

Decor

First of all, the HR specialist must take everything from the employee Required documents, which include:

1. Help – a call from a university or college.
2. An employee’s application for study leave (there is no sample; the application can be drawn up in free form, handwritten).
3. Certificate of state accreditation of the educational institution (at the request of the authorities).

Unlike the statement, the form of the certificate - call is approved by the Ministry of Education of Russia; This document may be invalid if executed incorrectly. The paper must contain the reason why the employee should be granted study leave and the validity period.

Help - the call consists of 2 parts: the first is filled out before the start of the session, and the second - after its end. The second part of the certificate should contain information about what success the employee has achieved in his studies - on this basis, the organization can draw a conclusion about the overall success of the employee’s training as a whole and granting him study leave in the future.

Data on the granted study leave must be recorded in the employee’s personal card; otherwise, study leave is processed in the same way as a regular annual one.

In a general sense, the same rules apply to study leave as to annual leave. Based on this, it is concluded that payment for any vacation, including educational leave, does not depend in any way on the number of holidays included in it. In this situation, holidays are considered simple calendar days.

There are several other examples of situations that may cause difficulties for an HR specialist. For example, what to do if an employee works part-time in an organization and also has a main place of work. Should study leave be paid? In this case, the instructions of the Labor Code do not apply to an additional place of work, therefore, the employee may be granted study leave by agreement with his superiors, or it may not be provided - in such a situation, the Labor Code prescribes only to the main place of work.

In addition, there are disagreements regarding when educational leave should be paid to an employee. It should be clarified that the period of 3 days before the start of the vacation, which is relevant in standard cases, is not valid here. The Labor Code does not give an exact answer - the only important thing is that vacation pay in this case must be paid before the onset.

Do I need to pay a part-time student for study leave? We invite you to watch the video.

It's almost autumn, and with it the new school year. Employees combining work and study will require leave for the session. In this case, the employer is simply obliged to provide the employee with study leave, and even pay for it. But is it always?

Employees who combine work and study may go on study leave. This right is provided for by labor legislation.

Only the organization that is the employee’s “main place of work” is obligated to provide study leave (Article 287 of the Labor Code of the Russian Federation). When a person works part-time in a company, the employer is obliged to release him for a session only if there are appropriate conditions in the contract (employment or collective).

Study leave cannot coincide with other leaves. For example, if an employee is on parental leave, then in order to receive educational leave, he will have to interrupt it.

By analogy, the issue of annual leave is resolved. In this case, study leave can be added to the annual leave. In this case, among other things, the employee will be required to apply for leave. An employee cannot demand a combination of two vacations; such a long absence from the workplace is possible only with the consent of the employer.

If an employee studies in two educational institutions at once, guarantees and compensation are provided only in connection with studies in one of them. Choice educational institution in this case remains with the employee.

Attention

Please note that an employee who has gone on study leave cannot be deprived of the right to annual paid leave.

Study leave is granted in calendar days. In this case, non-working holidays that fall during vacation are included in the calculation of time. They are paid as regular calendar days.

Unlike annual study leave, it cannot be extended. Moreover, even if an employee falls ill during vacation: the period of illness that coincides with the vacation is not paid. But if the employee has not recovered after the end of the vacation, then starting from the day when he was supposed to return to work, he is accrued temporary disability benefits.

Also, once a year the employer is obliged to pay travel (round trip) to an educational institution for an employee who is studying in the correspondence department. In this case, the employee must study at a university or secondary vocational educational institution.

Travel for studying at a university is paid in full, in an institution of secondary vocational education - 50 percent of the cost of travel.

Three conditions

The right of a student employee to study leave is established at the legislative level. At the same time, the Labor Code establishes conditions, the fulfillment of which obliges the employer to release the employee for the session, paying him for the vacation.

Firstly, requirements are put forward for the educational institution in which the employee is studying. It must have state accreditation. This status of the educational institution is confirmed by a certified copy of the certificate, which the employee can request from the educational institution.

However, an employer can allow an employee to go on paid study leave, even if the institute does not have state accreditation. To avoid misunderstandings with inspectors, it is better to stipulate this possibility in an employment or collective agreement.

Secondly, it is mandatory to send those employees who are receiving education at the appropriate level for the first time on paid study leave. If an employee receives, for example, a second higher education, the employer is not obliged to allow the employee to go on study leave. Of course, if the corresponding “promise” is not spelled out in the employment (collective) agreement or the employer himself did not direct the employee to receive a second higher education.

Special rules

Not only full-time employees are entitled to study leave. An employee who is on a probationary period may also qualify for paid leave to take exams.

Thirdly, a working student must demonstrate academic success. While establishing such a condition, the Labor Code does not clarify what exactly is meant by successful study. Therefore, it is advisable to refer to the norms of the Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education,” which states that students are required to acquire knowledge and complete all tasks provided for in the curriculum and educational programs within the established time frame. Thus, an employee will be considered successful in his studies if he has no debt for the previous course (semester), he has passed all tests and work, which is confirmed by the issued challenge certificate.

In all other cases, the employer is not obliged to pay for the employee’s study leave. Unless, of course, there is the own desire of the company’s management.

Vacation for the session

Paid leave is provided to employees who study part-time or part-time at universities and secondary vocational education institutions. Also, regardless of the form of education - in institutions of primary vocational education and evening general education institutions.

The Labor Code establishes specific terms for study leave, which the employer is obliged to pay to the employee. The duration depends on the level of the educational institution (see Table 1).

Table 1. Duration of paid leave

However, at the discretion of the employer, these periods may be extended. The relevant remarks must be contained in the employment or collective agreement.

Article 173 of the Labor Code does not stipulate special rules for paying for study leave. In this regard, you should refer to the legal requirements for paying annual leave.

Thus, the employer is obliged to pay for study leave in full no later than three days before its start.

Also, the employer does not have the right to withhold the amount of vacation pay from the salary if the employee does not pass the exam. Since the basis for granting study leave is a summons certificate, it is admission to passing the exam and confirmation of the student employee’s successful studies. Consequently, the payment of vacation pay does not depend in any way on the results of the last exam.

Study at your own expense

If the employer is not obliged to pay an employee for his study leave, this does not mean that he can prohibit the employee from taking it at his own expense. A similar obligation arises if the employee writes a corresponding statement.

Please note that an employee can receive unpaid study leave only if he is studying at a university or secondary vocational education institution. The minimum terms of such leave are also provided for by law (see table 2).

Table 2. Duration of unpaid leave

How to apply for study leave

To apply for study leave, an employee must write an application and attach to it a summons certificate, which is issued by the educational institution. There are no requirements for the application, so it can be written in free form.

In contrast to the employee’s application, the form of the summons certificate is approved by the Ministry of Education of Russia:

• for university students - by order of May 13, 2003 No. 2057;
• for students of secondary vocational education - by order of December 17, 2002 No. 4426.

As for institutions of primary vocational education, they independently approve the form of this certificate. The summons certificate indicates the reason for the leave and the period for which it must be issued. An integral part of the challenge certificate is the confirmation certificate. The employee is required to present it after the end of the study leave. At its core, a confirmation certificate is proof that the employee was lawfully on vacation.

Otherwise, study leave is processed in the same way as annual leave.

I.R. Svetlichnaya, lawyer

As the session approaches, students engaged in working activities will certainly puzzle their employer with the question of registration and payment of student (educational) leave in accordance with the Labor Code. We will help you deal with this situation based on articles 173-177 of this document.

Who should be granted leave during the session?

Who can apply for study leave? If a citizen is already working, this in no way prevents him from receiving another education. Many work and study at the same time, striving to acquire new knowledge. But student leave is simply necessary when the next session approaches. Are there any difficulties in providing it?

According to the rules, leave should only be given by the company that is the employee’s main place of business. And if this is only a part-time job, then he can count exclusively on vacation at his own expense.

The legislation indicates that combining several types of vacations is completely prohibited. A typical example: if an employee is on maternity leave and is caring for a baby, in order to receive student leave for the period of passing exams, she must suspend her maternity leave.

The employer decides at his own discretion whether to add study leave to the main one. And if an employee takes student leave, then he has every right to the required annual rest. And if they have the same dates, the annual one should be provided later.

When an employee receives education in several places, he can take vacation only in one of them. The choice of which one is his.

An employee applying for student leave must familiarize himself with the certificate that is previously issued to him by the educational institution in which he intends to acquire knowledge. It should indicate whether the educational institution has state accreditation. If yes, then the citizen has every right to leave. Otherwise, you need to check the employment agreement concluded when applying for a job: does it state that management is obliged to provide leave in connection with the upcoming session, etc. In most cases, this is possible.

Leave is definitely granted if the subordinate is studying at one of the listed institutions: technical school, college, university, general education institution. Moreover, he can count on all payments only if he receives education at one of the listed institutions for the first time.

Reasons for taking leave for a session

First of all, the subordinate must bring his application for student leave to the personnel department, along with a letter of invitation from the educational institution. Moreover, there are no clear rules on how to draw up this statement. The main thing is to simply clearly indicate why the vacation is needed. For example, to prepare for a session, travel for consultations with teachers, as well as directly passing exams.

Read also If an employee gets sick while on vacation: what to do

The right-call is issued and issued by the educational institution. Its first component is before the student’s tests, the second - after their completion. The employee submits them to the accounting department of the company where the applicant works.

Thus, the employee submits the first part of the certificate along with the application, and sends the second part after the end of the session. And if the second component is missing, this is not a reason to refuse vacation.

How to apply for study leave: step-by-step instructions

Step 1.

Receive from the employee:

• application for study leave;
• a summons certificate issued by an educational organization in the approved form (Article 177 of the Labor Code of the Russian Federation).

Step 2.

Issue an order to grant study leave (T-6), in section “B” indicate:

• type of leave - for example, “additional paid leave with preservation of average earnings (educational)”;
• number of paid vacation days;
• total number of vacation days;
• its start and end dates.

Step 3.

In the working time sheet (T-12 or T-13), designate the days of study leave as:

• paid leave - letter code “U” or digital code “11”;
• unpaid leave – with the letter code “UD” or the numeric code “13”.

Step 4.

Make a note about study leave in section. VIII personal card of the employee.

When to pay for vacation

In cases where a citizen can prove that he receives additional education, the enterprise in which his main work activity takes place must provide him with leave to undergo testing. This could be exams, a diploma, a session, etc.

During study leave, the subordinate receives exactly the same earnings as during regular vacation days. But sometimes the employer has every right during such a period not to keep his salary. This occurs when a full-time employee:

• passes entrance exams, final testing at the preparatory department, intermediate certification, passes state exams, prepares for and conducts a diploma defense (higher education);
• passes entrance exams, passes intermediate and final state certification (secondary vocational education).

In other cases, the employee can count on receiving his salary on all vacation days.

Regarding leave without pay, such leave for educational purposes is also provided for by law. As the name suggests, he is not entitled to a salary on days when the subordinate does not appear at the workplace. Meanwhile, his job is guaranteed to be retained.

Read also An employee changes his “salary” bank

There is a rule: graduation certificates are issued three days before the start of the vacation (Part 9 of Article 136 of the Labor Code of the Russian Federation). But when an employee provides a summons certificate only a day before the planned vacation, the accounting department is obliged to arrange payments as soon as possible.

The employee brings the second part of the certificate to the accounting department after completing the training tests. Keep in mind: if an organization tries to delay payments until a certificate of passing exams is received, this is a direct violation of the law. The employer will not only be required to pay vacation pay, but will also be fined.

How to pay for study holidays

The calculation of student leave days includes both holidays and other days. Payment for them is received, just like for working days.

At the request of the employee, it is possible to divide such leave into parts. According to the Labor Code, the employer does not have the right to recall an employee from study leave.

The employer’s attempts to replace study leave with payments of equivalent or any other funds are completely outside the scope of the law. The fact is that this period is guaranteed to the employee by law as time to obtain an education.

If an employee receives secondary education, his main employer is obliged to pay him half the cost of travel to the place of study and a return ticket once a year. If this is a higher education, then 100% of the round trip fare is paid.

Nuances that you should be aware of

There is no second part of the help

The second part of Article 137 of the Labor Code indicates all the options when a certain part of the salary may not be paid. It says nothing about a certificate from an educational institution. This means that even if the employee cannot provide the second part (about passing the exam), management does not have the right to deduct funds for paid days of such leave.

Vacation dates don't match

When, due to early passing of tests at an educational institution, the vacation end dates in the first and second parts of the certificate do not coincide, the manager cannot recoup the money for the paid days.

Got sick while on student leave

If an employee falls ill during study leave, he should obtain a new certificate from the dean’s office of the educational institution. The new dates will be indicated there. The vacation is extended according to the information in sick leave. If a student continues to be ill after the end of his vacation, sick leave is already issued at the expense of his company.

No progress in studies

If the test at the institute is failed or the student is expelled, the employer does not have the right to withhold cash for vacation - he is obliged to pay them.