Distance learning benefits for study leave. Is the employer obligated to pay expenses related to study?

Study leave provided to correspondence students with the same earnings each session. How long this period will be can be determined by knowing the course in which the student is studying. On elementary courses forty days are required to prepare for session tests; in subsequent courses, the employee has the right to request 50 days at once.

In order for a part-time student to go on paid leave, he needs a list of documents, which includes:

1. Help - a call containing exam dates.
2. Application for leave (the form is issued by a personnel employee or posted on the company’s corporate website).
3. Certificate of state license from a university or college (this paper can be requested from the dean’s office if necessary - not all employers require it).

Do you want to know your debt to bailiffs?

However, an employer may refuse to provide paid student leave in one of the following cases:

Worker receives a second education. It is important to understand: a master's degree after completing a bachelor's degree is not a second higher education, nor are training courses for mid-level workers after graduating from a secondary educational institution - in these cases, the employer cannot refuse leave.

Worker has no success in studies. This point is reflected in the Labor Code of the Russian Federation very vaguely - the Labor Code does not explain the criteria by which study can be considered successful, however, it is believed that if a student has straight A’s and C’s, the preparation time paid for by the company is wasted. For most companies, a sign of successful study is a session passed without failures.

The Labor Code also does not provide precise information about what is happening to correspondence students. The important thing is that the vacation must be paid for before it begins.

Defense of the diploma

Regardless of whether the employee is studying full-time or part-time, the enterprise is obliged to allocate study leave for the defense of the thesis. However, in the case of full-time education, a student can only be content with a vacation at his own expense, while a part-time student has the right to paid vacation.

Alas, most intramural students do not know about this possibility. and, out of ignorance, are forced to make compromises between work and study, thus depriving oneself of the opportunity to fully prepare for the diploma.

A full-time student can take advantage of the right to 4 months of vacation while maintaining a place in the organization. In addition, he can request another month to pass the final certification - the Labor Code provides for such a moment. These two vacations can easily be combined into one, given the fact that the delivery thesis and final exams are usually not very spread out.

For a part-time student, the same deadlines are relevant, but with the difference that the company must pay him for these vacations. In addition, the correspondence student has the right to ask the company to shorten the work week by 7 hours for 10 months before defending his final thesis. The Labor Code does not say how these 7 hours will be distributed (shortened days or an “extra” day off), so this must be decided directly with your personal supervisor.

It is worth noting students of secondary educational institutions - colleges and technical schools. Vacations should also be granted to them, but for shorter periods than for university students. They are given not four months to complete their diploma, but only two.

How an employee is granted study leave is described in a short video.

Military personnel and officers

Providing study leave to military personnel is the subject of a long discussion, in which it is important to study all the subtleties and additional circumstances. Mainly, the presence of such a right is guaranteed by Article 43 of the Constitution of the Russian Federation, which states that “every citizen has the right to education.”

That is, a serviceman has the right to receive leave for the duration of the session or the completion of his final work, and his immediate supervisor cannot prevent him from doing this. This possibility is also mentioned in the Status of Military Personnel Act of 2000.

Until this time, officers had the right to restrict their subordinates from receiving leave due to, for example, indiscipline - with the adoption of this regulatory act, they lost the right to influence the situation in any way.

The ambiguity in the understanding of the law appears in connection with the inclusion of a period of 3 years in the text. Consequently, officers believe that if a conscript has not served this term, he does not have the right to leave. In fact, a period of 3 years of service guarantees a serviceman admission to a university at the expense of the state on a non-competitive basis, however, it does not at all determine the opportunity to take advantage of the right to study leave when he is already a student.

This means that a serviceman is entitled to study leave under a contract, but without preservation. wages a period of 40-50 (depending on the course) days for passing session tests, four months for preparing and defending the thesis, and another one for passing certification exams.

At the same time, they have the right to count on maintaining the average wage. To do this, you must provide your immediate supervisor with a certificate - a call from the university.

However, the officer has the right to refuse to issue a document if, within the period reflected in the certificate - a call from the university, troops are mobilized for one of the reasons specified in the list of Appendix No. 1 “Procedure for granting additional leave to military personnel.” Such reasons may be measures to eliminate disasters, transition to a state of combat readiness, and others. A certificate issued by an officer entitles the student to admission to the session upon completion of mobilization.

It is also important to understand that the officer’s reference to one or another provision in the employee’s contract when refusing to grant him leave is nothing more than a bluff. All contracts have a standard form and do not contain any instructions regarding the training of a military personnel at a civilian university.

Graduate students

Regarding graduate students studying full-time and part-time, the law is also not unanimous. Part-time graduate students enjoy the same conditions in relations with employers as students, with some exceptions:

Employer gives them only three paid months so that they can complete their scientific work.
To pass session tests, they receive only 15 vacation days (30 days accumulate in a year).

During the first three years of study, a graduate student can use an additional day off from work per week, paid at a rate of 0.5. In this case, the 50% rate should not be less than 100 rubles in monetary terms.
Starting from the fourth year of graduate school, the student already receives 2 free days every week, but they are not paid.

In addition, the organization is the employer must pay a part-time graduate student for the time spent traveling to the university(if, for example, the university is located in another city), and the travel itself.

It is worth remembering that the right to paid leave, including for part-time graduate students, is granted only in case of successful studies and if the university has a state license.

With full-time graduate students, the situation is much simpler. It is necessary to start with the fact that a full-time graduate student generally does not have the right to work for more than 0.4 times the rate. However, most often, full-time graduate students remain working at the university or get a full-time job, taking advantage of the fact that the university turns a blind eye to this.

Naturally, they do not have the right to additional vacations, because they receive a stipend from the state budget and, in addition, have two months of vacation every year. However, if they need additional leave, they can ask the employer for it at their own expense, since studying at the university is a valid reason.

Master's degree

Most often, current master's students' disputes with employers arise due to the former's lack of understanding The Bologna training system, introduced everywhere relatively recently. Employers often justify their refusal to give a master's student additional rest by the fact that a master's degree is a second higher education.

However, they are entitled to study leave. The Labor Code of the Russian Federation, articles No. 173 and 177, states: a master's degree is not a second higher education, and as a continuation of the first, therefore, a master’s student (both full-time and part-time) can enjoy the same labor guarantees as a bachelor’s student.

In this case, it does not matter how many years after graduating from the university the bachelor decided to supplement his education, as well as whether the employee entered the master’s program in the same specialty in which he graduated from the bachelor’s degree, or in another.

Do I need to pay for study leave for external part-time work? What does the legislation say?

1. According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying part-time and part-time (evening courses) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the presence of state accreditation from educational institution and successful development by students educational program.

2. The procedure for state accreditation of educational institutions of higher education vocational education regardless of their departmental subordination and organizational and legal forms, it is determined by the Regulations on state accreditation of higher education educational institution, approved Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006). Its effect applies to universities that have a license to conduct educational activities in the field of higher professional education, issued Federal service for supervision in the field of education and science, and a conclusion on the certification of the university, issued by the relevant government body that conducted the certification.

State accreditation is a procedure for recognition by the state represented by its government agencies management of the status of an educational institution (type, type, category of educational institution, determined in accordance with the level and focus of the educational programs being implemented).

Universities are accredited for a period of no more than 5 years. Based on the positive results of state accreditation, an educational institution of higher professional education receives a certificate established sample. The certificate confirms the state status of the educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue documents to graduates state standard about the appropriate level of education.

3. Employees are considered to be studying successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all tests and completed all work in the disciplines of the curriculum ( tests, course projects, etc.) on subjects presented at the session.

4. The successful combination of work activity and study at higher educational institutions is guaranteed by employers providing additional leaves while maintaining average earnings.

Article 173 of the Labor Code of the Russian Federation distinguishes the following types paid holidays:

• a) leave to undergo intermediate certification;
• b) leave for the period of preparation and defense of final qualifying work and delivery of final state exams;
• c) leave for the period of passing final state exams.

The duration of leave depends on the course in which the employee is studying (on the period of completion of educational programs), and on specific purpose vacation.

Leaves are provided for:

• passing intermediate certification in the 1st and 2nd courses, respectively - 40 calendar days, in subsequent courses, respectively - 50 calendar days;
• passing intermediate certification in the 2nd year when mastering basic educational programs in a shortened time - 50 calendar days;

In addition, the commented article imposes on the employer the obligation to provide unpaid leave of 15 calendar days to: employees admitted to entrance exams to higher educational institutions; employees who are students of preparatory departments at institutions of higher professional education to pass final exams.

5. Since full-time students are allowed to combine study with work, it became necessary to establish guarantees for them to ensure the exercise of their right to receive higher education with the opportunity to engage in useful activities in a certain field national economy(clause 63 of the Model Regulations on an educational institution of higher professional education (higher educational institution) Russian Federation, approved Decree of the Government of the Russian Federation of April 5, 2001 N 264 // SZ RF. 2001. N 16. Art. 1595).

In accordance with Article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to full-time students of institutions of higher professional education, combining study with work, for:

• passing intermediate certification - 15 calendar days per academic year;
• preparation and defense of final qualifying work and passing final state exams - 4 months;
• passing the final state exams - 1 month.

6. Leave in connection with training is granted on the basis of a certificate from the educational institution. The forms of this certificate are approved by Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA RF. 2003. N 47).

One certificate is intended for obtaining additional leave with pay in connection with passing the intermediate certification, the other - in connection with the preparation and defense of the final qualifying work and passing the final state exams or passing the final state exams (BNA RF. 1997. N 4).

Upon receipt of a summons certificate, the employee has the right to demand timely provision of leave, and the employer has the obligation to provide him with leave.

7. Vacations granted in connection with on-the-job training in educational institutions of higher professional education have a strictly intended purpose and must be used only within the established time frame.

Therefore, if a student did not participate in the examination session and did not use study leave, he loses the right to it. If the reasons for a student’s failure to attend a session are valid (for example, in case of illness), the right to leave is retained.

Students retained for a repeat course of study good reasons and who have not used study leave for this course are entitled to it if they have successfully completed the relevant curriculum in the second year of study.

8. Leave is usually granted to participate in the examination session for a number of prescribed days in a row. If the educational institution has allowed the student to perform laboratory work, take tests and exams during the intersession period, he can use the leave in parts. The duration of the vacation provided by breakdown should not exceed the total duration of vacation established in the academic year for the corresponding course of study.

Last-year students of correspondence educational institutions of higher professional education, taking a theoretical course for one semester according to the curriculum and participating in one examination session, are granted half-time leave.

9. Leave for the period of passing final state exams is, as a rule, granted at a time. And only when the final exams are held in 2 terms - in parts. But even in this case, study leave should not exceed the duration specified for it by law.

10. When applying Article 173 of the Labor Code of the Russian Federation, it should be taken into account that additional vacation time is paid based on average earnings, calculated in the manner established for annual vacations (see commentary to Article 139).

11. Wages for the period of leave are paid before it begins, and not after the return of a student studying at a higher educational institution on the job without interruption from work, from the examination session, as is often the case in practice. If a student does not pass all tests or exams, no deductions are made from his salary.

12. As provided for in paragraph 3 of Art. 17 of the Law on Vocational Education, students studying under for full-time, once per academic year, the employing organization pays for travel to the location of the higher educational institution and back to carry out laboratory work, passing tests and exams, as well as for passing state exams, preparing and defending a final qualifying thesis.

13. If students in this calendar year rights to 2 different holidays, for example holidays for passing course exams for the last year and final state exams, travel is paid twice.

The time required for travel is not included in the total duration of study leave and is not paid.

14. When calculating the 10-month period provided before starting a diploma project (work) or passing final state exams, only academic months are taken into account; holiday months (July - August) are excluded from the calculation.

15. The procedure for providing a guarantee in the form of a reduction in working hours during the week (by one day off from work or by the corresponding number of hours off from work) is determined by agreement of the parties.

16. Summation of days off from work provided to employees in connection with training, according to general rule not allowed.

Students of educational institutions of higher professional education training specialists for the fishing industry are allowed for a period of 10 academic months before starting their diploma project (work) or passing final state exams to sum up their days off from work and use them at a time convenient for them by agreement with their employers ( Order of the USSR Ministry of Higher Education dated September 10, 1985 N 636 // Bulletin of the USSR Ministry of Higher Education 1985. N 11).

At the request of teachers studying in educational institutions of higher professional (pedagogical) education, days off from work are provided to them in total during the vacation period (Resolution of the Council of Ministers of the RSFSR of March 15, 1962 // SP RSFSR. 1962. N 7. Art. 39) .

17. The guarantees and compensation provided for in Article 173 of the Labor Code of the Russian Federation do not apply to workers who combine work with study at higher educational institutions that do not have state accreditation. For such workers, guarantees and compensation may be included as additional conditions in employment contracts. For student employees of organizations, regardless of their organizational and legal forms and forms of ownership, guarantees and compensation can be established in collective agreements and even a higher degree of social protection (for example, additional vacations longer duration, instead of leave without pay, provide leave with pay).

* Child care
* Create a vacation schedule (Section of the site "HR Documents")
* Questions regarding vacation schedules
* The employee went on vacation. How to request a replacement?
* Compensation for unused vacation

Procedure for granting study leave

Providing study leave (with or without pay) in accordance with Chapter 26 of the Labor Code of the Russian Federation “Guarantees and compensation for employees combining work with training” is classified by the legislator as guarantees and compensation.
Depending on the circumstances, study leave is granted either with or without preservation of average earnings. In any case, the period of study leave is calculated in calendar days.
For the correct application of labor legislation, it is important to distinguish between the legal nature of annual (main and additional) leaves and additional leaves in connection with training. Mixing the concepts of educational and annual additional leave in practice leads to errors in the order of their provision and calculation. The main differences between these types of holidays.
1. According to the norms of Article 120 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working and holidays those falling during the vacation period are not included in the number of calendar days of vacation and are not paid, as a result, the actual duration of vacation increases. This applies exclusively to annual (main and additional) vacations.
Non-working holidays falling during the period of study leave are included in its period and paid, unless, in accordance with the law, otherwise provided by a collective agreement or employment contract (Part 2 of Article 9 of the Labor Code of the Russian Federation).
2. In accordance with Part 1 of Article 116 of the Labor Code of the Russian Federation, annual additional paid leave is provided to employees:
employed in work with hazardous and (or) dangerous conditions labor;
having a special nature of work;
with irregular working hours;
working in the Far North and equivalent areas;
in other cases provided for by federal laws.

The intended purpose of the annual additional leaves specified in Part 1 of Article 116 of the Labor Code of the Russian Federation is to provide workers with a longer rest period due to the special nature of the work, its conditions, the impact of harmful production factors on health, as well as in connection with protection from the adverse consequences of work in such conditions.
The legislator included the norms governing annual leave in Section V “Rest Time” of the Labor Code. And the provisions relating to study leaves (Articles 173-177 of the Labor Code of the Russian Federation) are classified under Section VII “Guarantees and Compensations”. According to Article 164 of the Labor Code of the Russian Federation, such leaves are a means for the employee to exercise his rights in the field of social and labor relations.
Legislative guarantees for additional study leave for employees combining work with study are not determined by the nature and conditions of work and are not related to the impact of such work on the employee’s health. Unlike annual paid leaves, educational leaves have a different purpose. Their goal is to study (and successfully) combined with work.
From the literal interpretation of the norms of Articles 173-176 of the Labor Code of the Russian Federation, the conclusion follows: additional paid leaves in connection with training are not “annual additional paid leaves”, which are discussed in Article 120 and part 1 of Article 116 of the Labor Code of the Russian Federation. This statement is also supported by the legislator’s different approach to the procedure for summing up additional annual leave with annual paid leave and the procedure for adding annual paid leave to educational leave.
In the first case, on the basis of Part 2 of Article 120 of the Labor Code of the Russian Federation, the employer is obliged to sum up the additional annual leave with the main annual leave. And in the second, the addition of annual paid leave to educational leave (regardless of their payment) in accordance with Part 2 of Article 177 of the Labor Code of the Russian Federation is permissible only by AGREEMENT between the employer and employee.
3. Next criterion the distinction between annual paid leave and educational leave is the basis for their provision.
The basis for granting annual paid leave is the time of actual work and other periods of time giving the right to leave (Article 121 of the Labor Code of the Russian Federation). The basis for granting educational leave is the employee’s successful completion of studies in relevant educational institutions, or his admission to entrance examinations in educational institutions of higher professional education or in other educational institutions with state accreditation.
In addition, in accordance with paragraph 4 of Art. 17 Federal Law dated August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”, a separate basis for the employee’s right to study leave is a certificate of summons from the university, the form of which is given in Appendix No. 1 to the order of the Ministry of Education of Russia dated May 13, 2003 No. 2057.

An employee has the right to apply for study leave if

the educational institution where he studies has state accreditation;
he is receiving education at the appropriate level for the first time.
If an employee already has a higher education diploma and receives a second higher education, then the organization is not obliged to provide him with any benefits. However, the employer, on its own initiative, has the right to retain them for such students. When an employee studies simultaneously in two educational institutions, benefits are provided to him by choice only in connection with his studies in one of them. In this case, the employer can provide leave on the basis of a call-up certificate from a second educational institution, but only at the expense of own funds enterprises or without pay, if this is provided by local regulations organization (for example, a collective agreement).
Employees sent for training by the employer or who independently entered state-accredited educational institutions of higher, secondary, primary vocational education, regardless of their organizational and legal forms, in correspondence and part-time (evening) forms of education, as well as evening (shift) general education institutions, For those who successfully study at these institutions, the employer provides additional leave while maintaining average earnings. The duration of these holidays is determined by Chapter 26 of the Labor Code of the Russian Federation.
For employees studying part-time and part-time (evening) courses in state-accredited educational institutions of higher professional education for a period of ten academic months before starting a diploma project or passing state exams, it is established at their request (written application) working week, shortened by 7 hours. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties employment contract, concluded in writing, a reduction in working hours is carried out by providing the employee with one day off from work per week or by reducing the duration of the working day during the week.
Before granting a student a study leave, you should find out how successfully he combines study with work: whether he passes all tests and exams on time, whether there are any debts or absences from classes. To do this, you can send a written request to the educational institution or ask the student to present a record book.
Depending on the status of the educational institution, several categories of students can be distinguished:
employees entering higher education and studying at universities;
applicants and students of mid-level professional educational institutions;
students in primary-level professional educational institutions;
receiving education in evening (shift) general education institutions in their free time from work.
Depending on the level of the educational institution, as well as the form of education - full-time, part-time, part-time (evening) - one or another type of guarantees and compensation is provided.
Study leaves for students are regulated by Articles 173-176 of the Labor Code of the Russian Federation. They can be while maintaining average earnings and at their own expense. The intended purpose of study leave is to provide a student employee with free time For successful preparation and passing examination sessions, diploma projects, and state exams.
IN legislative acts The following types of study leave are mentioned:
1. leave with preservation of average earnings for part-time and evening students studying at universities and institutions of secondary vocational education:
for passing intermediate certification (passing sessions);
for passing final state exams;
2. leave with preservation of average earnings for students of educational institutions of primary vocational education, regardless of the form of study, - to pass transfer and final exams;
3. leave with preservation of average earnings for students of evening (shift) educational institutions - to take final exams;
4. Leave without pay for applicants entering universities, including those without state accreditation, and educational institutions of secondary vocational education, and for full-time students:
to pass entrance examinations;
for passing final exams in preparatory departments at universities;
to pass intermediate certification;
for preparing and defending a thesis (project) and passing final state exams;
for passing final state exams.

How to properly arrange study leave

Several examples from practice.
Example 1.
The secretary of Parus LLC, Vorobyova Svetlana Romanovna, wrote a statement addressed to general director with a request for study leave to enter the institute.
Since Vorobyeva S.R. she does not have a higher education, and the educational institution where she plans to enroll has state accreditation, she cannot be denied study leave. She should be given leave without pay.
Order option (page design is not completed)

, 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're talking about about part-time employment (no matter whether it is internal or external), the employee can receive leave only 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 went on study leave, then deprive him annual leave no one has the right. 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 may be sent on leave if the educational institution in which he intends to receive education has state accreditation ( this fact noted in the call certificate; the employee does not need to request any additional documents from an 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, the obligatory condition is the purpose of obtaining leave (for example, to write a thesis).

The challenge certificate consists of 2 parts: the first is filled out by the educational organization 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 an 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:

1. 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 by labor legislation. Its receipt does not depend on length of service. However, the employee will lose wages for the entire duration of the vacation. 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 withheld from an employee’s salary are listed in Part 2 of Article 137 of the Labor Code; There are no questions regarding student leave and call certificates.

What to do 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.

Download the order form

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 in labor inspection or to court.

The employer is obliged to provide the employee with study leave, but this does not mean that in all cases it is paid.

From the article you will learn:

Study leave

Article 173 of the Labor Code (study leave) provides for employees the right to be released from work for the period they undergo mandatory training activities that are required to obtain the appropriate diploma of completion of training this level. At the same time, not every employee undergoing training can receive study leave: for this, it is necessary that his situation meets a number of criteria established by current legislation.

The most important of them are the following:

the employee receives education at the appropriate level for the first time. This means that in other cases he does not have the right to receive study leave - for example, this rule applies if he receives a second higher education. Experienced personnel service workers recommend that in such a situation, dedicate the main vacation time to passing exams and tests or negotiate with the employer about registration unpaid leave;

the educational organization in which he is studying has valid state accreditation;

the employee successfully masters the educational program (success criteria are usually established by the educational institution itself);

In addition, individual or collective agreement or another normative document, regulating the rights of the employee and the obligations of the employer, may also include other possibilities for providing leave for training. When considering them, it is necessary to keep in mind that these documents cannot worsen the employee’s position in comparison with current legislation. Check out this material to understand how this can be implemented in practice.

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Pay attention! According to the provisions of Art. 287 of the Labor Code of the Russian Federation, an employee has the right to pay for study leave only at his main place of work. When working part-time required days he will have to arrange the vacation at his own expense.

Providing study leave for Labor Code(Article 173) is an obligation and not a right of the employer. This means that in this case he does not have the opportunity to refuse to provide the employee with such leave. In addition, it is important to take into account that in this situation the employee’s length of service with a given employer does not matter. He can receive study leave even before he has worked for six months in this organization. Find out what to do if your study leave coincides with other types of leave, such as parental leave, by reading our .

Duration of study leave for students of higher educational institutions

Providing study leave to an employee is possible for different periods of time. In particular, vacations for university students are regulated by the provisions of Art. 173 Labor Code of the Russian Federation. Maximum time vacation depends on a number of factors, including the type of education, type of educational program and some other nuances. Thus, certain types of leave are granted with retention of average earnings during the period of absence from work:

To pass state exams and defend a thesis, an employee has the right to receive a leave of up to 4 months.

Pay attention! These types of leaves are provided only to employees studying on the job, that is, part-time or part-time.

In addition, for a number of training events, the employer is obliged to provide the employee undergoing training at the university with leave without pay:

for full-time students - 15 calendar days for regular sessions, one month for state exams, four months for state exams and diploma defense.

In addition to leave, for university students the current Labor Code also establishes additional guarantees And compensation, including:

payment by the employer for travel to the location of the university and back (for part-time students, once a year);

for final year students - a shortened working week, the duration of which is 7 hours less than the standard one. The reduction can be made by cutting the standard working day or maintaining its duration with the provision of one completely free working day per week (for part-time and part-time students, within 10 months before the final certification). At the same time, time freed from work for training is subject to payment in a special order: how exactly it needs to be paid, read in our material.

Pay attention! The duration of study leave granted to an employee is measured in calendar days.

Duration of educational leave for students of secondary specialized educational institutions

By analogy with university students, to whom the Labor Code grants study leave under Article 173, the right to receive study leave under Art. Students of secondary specialized educational institutions also have 174. Paid leave provided to part-time and part-time students:

To pass state exams and defend a thesis, an employee has the right to receive a leave of up to 2 months.

At the same time, an employee simultaneously studying in two educational organizations, has the right to receive leave and other benefits only in connection with receiving education in one of them - at the employee’s own choice.

Pay attention! In the described case, the employee may lose the right to choose between organizations if only one of them has state accreditation: then leave is granted for training in this particular institution.

Help-call

Thus, the procedure for applying for study leave requires that the HR employee organizes the receipt of two necessary documents. The first of them is a challenge certificate sent to the employee undergoing training by the educational institution providing him with the relevant services. This document is issued by the educational institution and given to the student for presentation at the place of work.

The form of the summons certificate was approved by order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013. When receiving a summons certificate from an employee in the prescribed form, the personnel officer must check a number of important points that determine whether the employee has the right to be granted leave - in particular:

1. the educational institution has state accreditation;
2. the right to receive paid leave;
3. the number of days the employee is entitled to in connection with the training.

Recording study leave in the working time sheet

Student leave under the Labor Code (Article 173) with retention of the right to payment of wages for the period of absence from work can be received by employees who combine labor activity with higher or secondary vocational education. At the same time, however, a prerequisite for the emergence of such a right is a special form of obtaining such education - full-time or part-time, that is, without interruption from work. Check out our material to find out what the established duration of such paid leave is for employees.

Based on the submitted documents from the educational institution, the employer must provide such employees with study leave to undergo training activities in accordance with Art. 173-177 of the Labor Code of the Russian Federation on study leave. To reflect study leave with pay in the form of a time sheet, code U or 11 should be used.

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