Leave for the period of the session. Study leaves for employees combining work with training: duration

Every year, at the end of spring, the session begins in educational institutions. Working students take study leave during this time. About the features of providing and processing paid study leave read the article.

Employees who combine work with training have the right to paid and unpaid educational leave (Articles 173 - 176 of the Labor Code of the Russian Federation). Right to granting study leave does not depend on whose initiative the employee studies, who pays for the training, whether the employee is trained on a budgetary or commercial basis. There are no restrictions on the right to study leave and employees have probationary period. After all, according to Part 3 of Art. 70 of the Labor Code of the Russian Federation during the probationary period, the employee is subject to the provisions of labor legislation.

Conditions for granting study leave

Study leave is granted subject to a number of conditions established by Art. Art. 173 - 177 Labor Code.

Accreditation. The educational institution must have state accreditation. The form of the accreditation certificate was approved by Order of Rosobrnadzor dated June 11, 2009 N 1281.

First education. The education that an employee receives should be his first ( this level). Obtaining a bachelor's, diploma or master's degree is considered as obtaining a second higher education vocational education(paragraph 2, paragraph 5, article 6 Federal Law dated August 22, 1996 N 125-FZ “On higher and postgraduate professional education”).

Success in your studies. Leave will be given to those who study successfully. What is meant is not established by the Labor Code. According to experts, successful learning is confirmed by a certificate issued by the university calling for the current session. If a certificate is issued to an employee, it means that he completed the curriculum for the previous semester.

If at least one of the conditions is not met , the employer can still grant study leave to the employee. But only if this is provided for collectively or employment contract(Part 6 of Article 173, Part 6 of Article 174, Part 2 of Article 175, Part 2 of Article 176 and Part 1 of Article 177 of the Labor Code of the Russian Federation).

Note. Monetary compensation instead of educational leave If an employee has the right to paid educational leave, it cannot be replaced with monetary compensation. This conclusion follows from Part 1 of Art. 126 Labor Code of the Russian Federation. It states that only annual paid leave can be replaced with monetary compensation.

Refusal to grant study leave

Two educational institutions. If an employee is studying in two educational institutions, paid leave can be provided only in connection with training in one of them (at the employee’s choice) (Part 3 of Article 177 of the Labor Code of the Russian Federation).

Part-time student. Part-time jobs will not provide paid study leave. An employee can receive it only at his main place of work (Part 1 of Article 287 of the Labor Code of the Russian Federation). To pass exams, part-time workers, as a rule, take annual paid leave or leave at their own expense.

Duration of paid study leave

The length of paid study leave depends on the type of education your employee is pursuing.

IN Russian Federation The following educational levels are distinguished (sections 31 and 32 of the All-Russian Classifier of Information on the Population, approved by Resolution of the State Standard of Russia dated July 31, 1995 N 412):

— basic general education (evening school);

— primary vocational education (vocational school);

— secondary vocational education (technical school, college, school);

— higher education(institute, university, academy);

— postgraduate education (residency, postgraduate studies, doctoral studies).

The duration of paid educational leaves for students of educational institutions of various educational levels is shown in the table.

Table. Duration of paid study leaves

Reason for study leave	Duration	Norm
University (evening and correspondence courses)
	40 calendars days	Part 1 art. 173 Labor Code of the Russian Federation
Passing the session in 3rd - 6th courses	50 calendars days
Thesis defense and delivery state exams	4 months
Passing state exams	1 month
Technical school, college, school (evening and correspondence courses)
Passing the session in the 1st and 2nd courses	30 calendars days	Part 1 art. 174 Labor Code of the Russian Federation
Passing the session on the 3rd and subsequent courses	40 calendars days
Thesis defense and delivery state exams	2 months
Passing state exams	1 month
Vocational school
Passing exams	30 calendars days for year	Part 1 art. 175 Labor Code of the Russian Federation
Night school
Passing final exams in IX grade	9 calendars days	Part 1 art. 176 Labor Code of the Russian Federation
Passing final exams in XI (XII) grade	22 calendars days	Part 1 art. 176 Labor Code of the Russian Federation

What are required to apply for study leave?

Study leave is processed in the same way as annual paid leave. The only difference is that it is provided on the basis of a summons certificate issued by the educational institution.

Help-call

Consists of two parts: a call certificate and a confirmation certificate. The organization issues leave to the employee based on the summons certificate. It, in particular, indicates the duration of study leave. It should not exceed the standards established in Art. Art. 173 - 176 Labor Code of the Russian Federation.

After the end of study leave, the employee must bring a completed confirmation certificate to work. It proves the legality of the employee being on vacation.

Certificate form approved:

- for university students - by Order of the Ministry of Education of Russia dated May 13, 2003 N 2057;

- for students of secondary vocational education - by Order of the Ministry of Education of Russia dated December 17, 2002 N 4426.

Institutions of primary vocational education develop the form of the call certificate independently.

Employee statement

To receive study leave, an employee must write an application in any form (a sample is provided). The application must be accompanied by a summons certificate, which must indicate the specific timing of the leave.

Sample application for study leave

General Director

JSC "Veterinary hospital "Furry Friend"

Lisitsyn A.L.

from the laboratory assistant

Khomyakova N.N.

Statement

Please grant study leave with preservation of average earnings from May 28 to June 15, 2012, lasting 19 calendar days for passing the examination session at the Moscow State Academy of Veterinary Medicine and Biotechnology named after. K.I. Scriabin.

Appendix: reference-call dated 05/18/2012 N 1234

Khomyakov N.N. Khomyakov

Order on granting leave

The leave is issued by order in Form N T-6, in this case:

— the column “during the period of work” is not filled in;

- in section “B” of the order should indicate “additional leave with preservation of average earnings” or “without preservation wages(training)". The fact is that the Labor Code does not contain the concept of “study leave”.

Personal card

Information about the granted study leave must be entered in section. VIII form N T-2. Entry in column 1 section. VIII card should be similar to the entry in section. “B” of the order for granting leave.

Transfer and extension of paid study leave

The procedure for granting and paying for study leave is in many ways similar to the procedure for granting and paying for annual leave. Therefore, the question often arises: is it permissible to extend or postpone paid study leave, as is possible with annual paid leave? In relation to paid study leave, let us consider several situations in which annual paid leave is extended or postponed.

Holiday during study leave

If the period of study leave includes non-working holidays, study leave is not extended. This conclusion can be drawn from Part 1 of Art. 120 Labor Code of the Russian Federation. Study leave does not apply to rest time and is granted strictly for the days specified in the summons certificate. In this case, non-working holidays falling on vacation are paid as vacation days (clause 14 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

A student fell ill during a session

The legislation does not provide for the possibility of extending study leave in the event of temporary disability occurring during this period. Temporary disability benefits for an ill student employee will be accrued only from the day he was supposed to return to work (clause 1, part 1, article 9 of the Federal Law dated 12/29/2006 N 255-FZ “On mandatory social insurance in case of temporary disability and in connection with maternity").

Study leave coincides with other leaves

By general rule An employee cannot be on two vacations at the same time.

Annual paid leave. If the examination session begins during annual leave, the employee must interrupt the main leave and transfer the remaining part to another period by agreement with the employer. In this case, you need to issue an order to recall the employee from vacation.

Parental leave. If the employee stays for up to one and a half (three) years, she can also be granted study leave on the condition that she interrupts her maternity leave.

Study leave and vacation experience

Let's look at how vacation experience and study leave depend on each other.

Is vacation experience required for study leave?

The right to study leave does not depend on the length of time an employee works for a given employer. Based on the call certificate, the employee can take leave at any time.

Does study leave interrupt the vacation period?

Study leave does not reduce the vacation period. The time of paid study leave is included in the length of service, which gives the right to annual basic paid leave. This conclusion can be made on the basis of Part 1 of Art. 121 Labor Code of the Russian Federation. Indeed, during study leave, although the employee does not work, he retains his place of work and position. However, when calculating vacation pay, the time spent on study leave is excluded from the calculation period (clause “a”, clause 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

Note. Is it possible to fire an employee while on study leave?

As follows from the norm of Part 6 of Art. 81 of the Labor Code, during the vacation period, an employee cannot be dismissed at the initiative of the employer (except in the case of liquidation of the organization). This rule also applies to study leave.

If the notice period for dismissal expires during study leave, the employee should be dismissed on the first working day after the end of the leave.

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 people 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 stipulate 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 summons certificate from 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.

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 for granting 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 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 is receiving additional education, the enterprise in which his main work activity, should 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, workplace it is guaranteed to be preserved.

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 an exam 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 certain part salaries 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 early delivery tests in an educational institution, the vacation end dates in the first and second parts of the certificate do not match, the manager cannot recoup the money for paid days.

Got sick while on student leave

If an employee falls ill during study leave, he should obtain information from the dean’s office of the educational institution. new certificate. The new dates will be indicated there. Leave is extended according to the information on the sick leave certificate. 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.

If you don't give student leave

Sometimes situations arise when the employer tries to play around by not giving leave, even if a summons certificate and application have been provided. What are the possible consequences?

The law guarantees the opportunity for every employee to receive student leave. Therefore, if the documents are in hand, management is obliged to give such leave. Practice shows that employees who were forced to resign in spite of this were subsequently reinstated. In addition, they are compensated for their earnings during their absence.

From all that has been said, we can conclude that student leave is legally entitled to everyone, without exception. And if all the documents, namely the application and the certificate, are in the hands of the accounting department, then the refusal to provide such leave is a reason to sue the company.

Example of calculating study leave

Let us give an example of accrual of vacation pay for study leave. A company employee is studying in the 1st year of correspondence education at a higher educational institution, which has state accreditation for this area of training. The employee provided the HR department with a summons certificate for the session for a period of 15 days. Over the previous 12 months, the employee’s salary amounted to 234,756 rubles. The accounting department calculated the average earnings per day for the previous 12 months: 234,756 / (12 x 29.3) = 667.67 rubles. The resulting average wage per day is multiplied by the number of days provided for study leave (15). In this case, the amount of vacation pay for study leave will be: 667.67 x 15 = 10,015.05 rubles.

Postings

Average earnings accrued to an employee during the period of study leave:

in tax accounting, both under the OSN and under the simplified tax system, it is taken into account in labor costs (clause 6, clause 1, clause 2, article 346.16 of the Tax Code of the Russian Federation);
subject to personal income tax and insurance contributions (clause 1 of article 420 of the Tax Code of the Russian Federation).

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 others legislative acts, on the basis of which the 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 professional 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).

Taking into account the above, if your employee receives a second higher education, including in connection with production needs, and/or studies 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 yours 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.

Type of education	Form of study
	Part-time, part-time	Interim certification (Article 173 of the Labor Code of the Russian Federation): — in the 1st, 2nd year - 40 calendar days each academic year(when mastering the program in a shortened time - 50 calendar days in the 2nd year); - in each subsequent course - 50 calendar days per academic year. State final certification - within 4 months in accordance with the curriculum of the educational program
Secondary vocational	Part-time, part-time	Interim certification (Article 174 of the Labor Code of the Russian Federation): - in the 1st and 2nd year - 30 calendar days per academic year; - in each subsequent course - 40 calendar days per academic year. State final certification - within 2 months in accordance with the curriculum of the educational program
Basic general or secondary general	Part-time	State final certification for the educational program (Article 176 of the Labor Code of the Russian Federation): — basic general education - 9 calendar days; — secondary general education - 22 calendar days
Higher professional - postgraduate (postgraduate, postgraduate, residency, assistantship-internship)	Correspondence	For calendar year- 30 calendar days, as well as days spent traveling to the location educational organization and back. That is, based on average earnings, the employee is paid for both the vacation period and travel days (Article 173.1 of the Labor Code of the Russian Federation). Preparation for defending a dissertation for an academic degree: – Candidate of Sciences - 3 months; - Doctor of Science - 6 months (Article 173.1 of the Labor Code of the Russian Federation, clause 2 of the Rules, approved by Decree of the Government of the Russian Federation dated 05.05.2014 N 409). Leave is granted if you have access to defense

Unpaid student leave under the Labor Code in addition to paid leave.

Type of education	Form of study	Purpose of granting leave and its duration
Higher professional (bachelor's, specialist's, master's)	Full-time	Interim certification - 15 calendar days per academic year. Submission of finals state exams- 1 month; Passing the final state exams along with the preparation and defense of the final qualification work - 4 months (Article 173 of the Labor Code of the Russian Federation)
Secondary vocational	Full-time	Interim certification - 10 calendar days per academic year. State final certification - within 2 months (Article 174 of the Labor Code of the Russian Federation)
Higher professional (bachelor's, specialist's, master's)	Any	Passing entrance tests - 15 calendar days. Final certification for students of preparatory departments of universities - 15 calendar days (Article 173 of the Labor Code of the Russian Federation)
Secondary vocational	Any	Passing entrance examinations - 10 calendar days (Article 174 of the Labor Code of the Russian Federation)

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 an academic degree of candidate or doctor of science. 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

Granting additional study leave to an employee naturally requires 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 the employee’s additional leave 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 for full-time 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 completely specific goals 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 of 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. Exception - an employee, on his own initiative, writes an application for leave for more short term.

Similarly, the employer does not have the right to refuse to provide an employee with study leave if he has a letter of invitation 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.

Study leave is the absence of an employee from the enterprise for good reasons related to studying at a school or institute. Enterprise productivity directly correlates with the degree vocational training and the qualifications of its employees. An entrepreneur is interested in increasing the level of staff training, therefore, and this is inextricably linked with training.

Who is entitled to it?

In order for an employee to begin training, management sends him on student leave. If the manager is interested in receiving education at an institution that meets state standards, then the time spent on training is included in work experience, as if he did not leave his workplace, and also counts towards guaranteed scheduled leave.

In order to be eligible for study leave, the following conditions must be met:

the employee enters university for the first time.
the employee is on the company’s staff list or is on probation.
the employee intends to become a correspondence student or enroll in the evening department.

Full-time leave has no pay.

Preferential conditions and the opportunity to study while working are also available to those entering graduate school, applicants and doctoral students. Their rights are included in a separate law “On Higher and Postgraduate Education” dated August 22, 1996 No. 125 of the Federal Law. Persons who are applicants for graduate school receive a vacation equal to thirty calendar days, which are subject to pay at the place of work.

Employees have the right to choose not one, but several educational institutions, but the law reserves the right to guarantees and benefits only in relation to one of them.

An entrepreneur may not allow an employee who is not working full time to study, i.e. part-time worker (Part I of Article 287 of the Labor Code of the Russian Federation).

Study leave and labor code

The main nuances regarding study leave are regulated by Chapter 26 of the Labor Code of the Russian Federation of December 30, 2001 No. 197 of the Federal Law. The issue of guarantees and compensation for workers is regulated by Article 173 of Labor Code RF and prescribes benefits for persons undergoing preparation for entrance exams, admitted to passing entrance exams and part-time and evening students.

The educational institution that the employee chooses must have an established or confirmed state accreditation status as an educational institution.

If he combines a position at an enterprise with studying at a university that has not received accreditation, then he can count on any guarantees from the enterprise only if these cases are specified in the employment contract. (Part 6 of Article 173, Part 6 of Article 174, Part 2 of Article 175, Part 2 of Article 176 and Part 1 of Article 177 of the Labor Code of the Russian Federation).

Registration of study leave

To issue study leave, the following documents are required: certificates of state licensing of the educational institution (copy) and a grade book indicating successful completion of studies. This includes submitting all outstanding assignments—tests, coursework, and laboratory work.

For next vacation For the session, you must write an application and submit a certificate - a summons, certifying the citizen’s place of study and providing him with the opportunity to take a vacation during this period. The summons certificate must contain certain deadlines on the basis of which the employer signs the application.

The employer, on its own initiative, has the right to send an employee for training. Details of the provision of leave and payment are specified in the “student agreement” concluded between the parties. If an employee is interested in a second higher education, he will be denied leave and pay.

The educational institution is obliged to provide the student with a certificate - a challenge guaranteeing him the provision of educational leave.

Terms of granting and duration of study leave

The timing of granting student leave varies depending on the course of study and the status of the educational institution:

When training an employee in secondary specialized vocational institutions (schools, technical schools), he has the right to receive a vacation of thirty calendar days in the initial two courses and forty days is given for the remaining courses. When passing the state exam, one month is given, the study leave to defend the diploma is two months.

These terms are regulated by Article 174 of the Labor Code of the Russian Federation.

The situation is a little different with college students. They are given more calendar days to take intersessional exams:

During the first and second courses, 40 days are given to pass the session, and for the next 50.
Four months are allotted for the preparation and defense of the final work.

Evening employees have the right to a seven-hour working day over a period of ten months to prepare their thesis.

The number of vacation days during graduation is determined by Article 173. Labor Code of the Russian Federation. Study leave for a diploma is given for three months, for passing state exams - one.

Payment for student leave

Is study leave paid?

This type of leave deserves payment in the same way as annual ones, based on the average salary of the last twelve months. For calculation average size When paying vacation pay, all employee payments are taken into account, on the basis of which the salary is formed.

If the vacation provided includes non-working holidays, the study leave will not be extended, but non-working days will be paid, since they fall within the period of granting this leave.

The legislation provides for the rights of an employee in the event of his illness at the time of his next study leave. If the illness occurred during vacation and continued after its completion, sick leave will be paid from the first calendar day of the employee’s presence at work. Sick leave during study leave is not paid.

Study and annual leave

Example No. 1: An employee of Aist JSC is on annual leave, but he is informed that the final exams will soon begin at the university and he is obliged to eliminate all existing debts on exams and tests. Can he count on his superiors granting study leave to the employee?

The legislation clearly says no, but if such a need exists, the employee is obliged to interrupt his annual leave and transfer his remaining days to another period of time.

Study and maternity leave

Example No. 2: An employee of the Mayak OJSC plant has a young child and is on maternity leave, and is also studying at the institute at the same time. The exam period is approaching, she has a challenge certificate that she is going to provide to the employer. Can she count on study leave?

She has the right to receive this type of leave only if she interrupts maternity leave.

It is important for the employee and the employer to come to an understanding in this issue. Qualified personnel who have received a decent education should be appreciated by management and production colleagues. It is important to respect the rights and interests of workers and be understanding of their good goal - to improve themselves professionally and receive a decent education. The future student should not forget that the employer will not refuse leave, but, on the contrary, will approve his initiative if all formalities and documents are correctly observed and there are no questions about the provision of benefits and guarantees.

06 August 2012, 21:46, question No. 13681 User, St. Petersburg

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Lawyers' answers (5)

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Good afternoon. In accordance with the Labor Code of the Russian Federation:

Employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, through correspondence and part-time (evening) forms of study, successfully studying in these institutions, the employer provides additional leave from maintaining average earnings for: passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs higher professional education in a shortened time in the second year - 50 calendar days);

But please note that these benefits are provided to employees combining work with training when receiving education at the appropriate level for the first time.

That is, if YOU are receiving higher education for the first time, then the employer is obliged to provide YOU with paid leave during the session

received
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Good day to you!

Article 173 of the Labor Code of the Russian Federation provides guarantees for employees who combine work with training.

For employees who entered independently having state accreditation educational institutions higher professional education regardless of their organizational and legal forms by correspondence and part-time (evening) For those who successfully study in these institutions, the employer provides additional leave while maintaining average earnings For:
- passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);
- preparation and defense of final qualifying work and passing final state exams - four months;
- passing final state exams - one month.

For employees studying part-time and part-time (evening) forms of study in educational institutions of higher professional education with state accreditation, a period of ten academic months before starting a diploma project (work) or passing state exams is established at their request. working week, shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.

At the same time, guarantees and compensations are provided to employees combining work with training upon receiving education at the appropriate level for the first time.

To additional leaves provided for in Articles 173 - 176 of the Code, by agreement of the employer and employee can join annual paid holidays.

If an employer violates labor laws, he may be held accountable. If your rights are violated, you have the right to contact Labor inspection.

But it’s better to reach an amicable agreement with the employer., because in the event of a conflict and an appeal to the Labor Inspectorate, it is possible that you will have to change your job, since they simply will not let you work... Such is the legal awareness of employers.

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Belov Anton

Law and Army, Kazan

286 replies

57 reviews

In accordance with the Labor Code of the Russian Federation, the employer is obliged to provide employees with paid study leave, provided that education of the appropriate level is obtained for the first time. Those. If you receive your first higher education, you have the right to additional education. paid leave.

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Druzhkin Maxim

Lawyer, Moscow

Free assessment of your situation

1103 replies

249 reviews

Hello!

According to Art. 173 of the Labor Code of the Russian Federation and paragraph 1 of Art. 17 of the Federal Law of August 22, 1996 N 125-FZ “On Higher and Postgraduate Professional Education” for employees who independently entered state-accredited educational institutions of higher professional education, regardless of their organizational and legal forms, in part-time and part-time (evening) forms of education successful students in these institutions, the employer provides additional leave with preservation of average earnings for passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs of higher professional education in a shortened period of time in the second year - 50 calendar days).

The basis for granting such additional leave related to studying at a higher educational institution is a summons from the educational institution stating that the employee is studying there (Clause 4, Article 17 of Federal Law No. 125-FZ).

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

In accordance with clause 14 of the Regulations on the specifics of the procedure for calculating the average salary, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922, when determining the average earnings to pay for additional educational leaves, all calendar days (including non-working holidays) falling on the period such leaves provided in accordance with the certificate of invitation from the educational institution.

In addition, I would like to note that Article 137 of the Labor Code of the Russian Federation establishes cases in which deductions are made from an employee’s salary. This article does not include such a basis as deduction from the employee’s salary of the amount of average earnings paid for the days of study leave if the employee did not pass the exam.

One of the conditions for providing additional leave while maintaining the average salary for an employee studying at a university is his successful learning ability. In the situation under consideration, a letter of invitation from the university confirms that the employee is studying successfully and has been admitted to the intermediate certification. Consequently, the average salary paid to an employee for the days of study leave does not depend on passing the subsequent session. The legislation of the Russian Federation does not provide for the return of average earnings paid to an employee during study leave. Thus, an employer who, on the basis of a certificate of challenge, provides an employee who is receiving his first higher education at correspondence department A university that has state accreditation, additional leave to pass the exam while maintaining average earnings, does not have the right to withhold from the employee’s salary the amount of payment for additional study leave if the employee does not pass the exam.

Therefore, if you are receiving your first education, then go to the personnel officer with a request and write an application asking for leave to undergo intermediate certification. If you receive a refusal, then with the resolution of refusal on the application (copy), you can contact the labor inspectorate with a complaint, unless of course you are afraid of ruining your relationship with the employer.

All the best to you!

Hello.

There are a number of leave provisions to consider.

In accordance with Article 116 of the Labor Code of the Russian Federation,

Annual additional paid leave is provided to employees engaged in work with hazardous and (or) hazardous conditions labor, workers with a special nature of work, workers with irregular working hours, workers working in the Far North and equivalent areas, as well as in other cases provided for by this Code and other federal laws.

Article 173 of the Labor Code of the Russian Federation, Guarantees and compensation for employees combining work with study in educational institutions of higher professional education, and employees entering these educational institutions
For employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, through correspondence and part-time (evening) forms of study, who successfully study in these institutions, the employer provides additional holidays while maintaining average earnings For:

passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);
preparation and defense of final qualifying work and passing final state exams - four months;
passing the final state exams - one month.
The employer is obliged to provide leave without pay:
employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;
employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;
employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month.
Employees who successfully study by correspondence studying in educational institutions of higher professional education with state accreditation, once per academic year the employer pays for travel to the location of the relevant educational institution and back.
(as amended by Federal Law No. 90-FZ of June 30, 2006)
Employees studying through part-time and part-time (evening) forms of study in educational institutions of higher professional education with state accreditation for a period of ten academic months before starting a diploma project (work) or passing state exams are given a working week, at their request, reduced by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week.
Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

Taking into account the fact that Article 123 of the Labor Code of the Russian Federation regulates the order of granting annual paid leave ( that is, both main and additional), seek to include you in the vacation schedule for the future period, and if necessary, then make changes to the existing schedule.

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