How leave is granted for a session. Is study leave paid for part-time and full-time studies? Designation of student days off in the report card

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

An employee can learn:

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

Guarantees and compensations provided for by the Labor Code of the Russian Federation are provided only if the educational institution has state accreditation, and the employee is successfully studying in it.

In accordance with Art. 177 of the Labor Code of the Russian Federation, guarantees and compensations to employees who combine work with education are provided when they receive an education of the appropriate level for the first time.

Additional holidays for this category of employees may be added by agreement of the employer and employee.

An employee who combines work with education simultaneously in two educational institutions is provided with guarantees and compensations only in connection with training in one of these educational institutions at the choice of the employee.

For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the corresponding educational institution and back once per academic year, and for employees studying by correspondence in educational institutions of secondary vocational education, 50% of the fare.

Trainees, where appropriate, are provided with:

additional leave with the preservation of average earnings;
leave without pay.

Additional leave maintaining average earnings provided:

1. when studying at a higher educational institution in the correspondence or evening department:

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

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

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

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

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

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

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

1. upon admission to a higher educational institution:

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

2. when studying at a higher educational institution on a full-time basis:

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

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

4. when studying at an educational institution of secondary vocational education in the full-time department:

for passing exams and tests - 10 calendar days in the academic year;
for the preparation and defense of a qualifying work and passing the final state exams - two months;
for the final exams - one month.

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

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

Leave without saving differs from other types that we considered earlier in that it is provided, firstly, without pay, and secondly, without regard to seniority. The only thing these holidays have in common is that in all cases the employee retains his place of work.

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

These include:

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

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

In accordance with Art. 263 of the Labor Code of the Russian Federation, additional leave without pay is granted to persons caring for children.

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

In all cases, the provision of unpaid leave, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on the specified vacation, the employee may interrupt it at any time and return to work, notifying the employer in writing.

During the period of leave without pay, as well as during paid leave, the employer does not have the right to dismiss the employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

Educational leave is a special leave that is provided to employees for advanced training, additional education, master's studies, etc. The employer is obliged to grant student employees leave, but only under certain conditions. What are the conditions and how the study leave is paid, we will consider further.

Is study leave paid?

The employee has the full right to receive educational leave in case of advanced training, master's studies, etc. In almost all cases, when taking a study leave, the employer undertakes to keep the employee's average salary, which is calculated in the same way as for any other leave.

However, there are a number of conditions under which leave remains unpaid. These include:

When studying at a university: passing entrance examinations, final and intermediate full-time certification, state certification forms for full-time education, writing and defending a thesis, passing state exams for full-time education.
Passing entrance exams when studying at an institution of secondary vocational education, as well as intermediate and state forms of certification when studying at the full-time department.

In the situations listed above, the employee is given the opportunity to study leave without payment of wages. At the same time, he, regardless of the duration of this vacation, retains his job legally. All other cases retain the employee's average salary.

The question often arises regarding the study in the magistracy. In this case, it should be noted that the employer undertakes to provide the employee with paid study leave in those circumstances when the employee masters the education of the proposed level for the first time.

Payment for study holidays according to the labor code

The main legislative document regulating the payment of study leave is the Labor Code of the Russian Federation. It contains the most important provisions that both the employer and the employee should familiarize themselves with. Among them are the following provisions:

The TC guarantees paid study leave to trainees (with the exception of the conditions listed above). At the same time, the specialization received, as well as the initiator of the training procedure, does not matter;
the employee has the opportunity to receive paid leave exclusively at the main place of his work;
the educational institution in which training is carried out must have a valid state accreditation;
when training is implemented in another city/region, in addition to vacation pay, the employee must also receive travel funds in the amounts established by regulatory documents;
if the employee for one reason or another did not pass the examination session, the employer does not have the right to withhold the paid funds from vacation pay or deduct a certain penalty from the employee's salary;
if the initiative for training belongs to the employer, and the study falls on a weekend or holiday, then the employee has the right to either refuse to attend such studies or demand that one more additional day off be provided in the future;
study leave can be spent by an employee only for training, and not for any personal needs;
the average earnings that apply to study leave are retained by the employee for all the days or hours missed according to the work schedule.

This and additional information on study leave is reflected in articles 196, 21, 22, 139, 187 of the Labor Code, as well as in the Constitution of the Russian Federation.

How is study leave paid at work?

The employee needs to know the special algorithm of actions provided for receiving educational paid or unpaid leave. Step by step, this procedure is as follows:

It is necessary to submit an application and a certificate-call confirming the need for study leave to the accounting department. This certificate can be obtained from the educational institution where the training takes place.
If the study leave is recognized as paid, an appropriate order is issued, and the required amount must be paid no later than 3 days before the start of the vacation itself. In a situation where an employee submitted a call certificate too late (less than 3 days before the required start of the vacation), the accounting department calculates the required amount within 24 hours.
At the end of the study leave period (as a rule, after the closing of the session), the employee must provide, as confirmation, the second part of the certificate-call containing information about the closing of the session.

A sample application is provided below:

Sample order for paid leave:

In some cases, employers who are new to the legal framework do not pay vacation pay until the employee submits a certificate of closing the session. Thus, the employer violates the law. As a result, he undertakes to continue to pay a penalty in the amount of 1/300 of the refinancing rate at the current rate of the Central Bank for each day of overdue payment.

How many days of study leave are paid per year?

The number of days of study leave paid per year varies depending on the place and direction of study, as well as some additional factors:

university students, when passing intermediate certification in 1 or 2 courses, receive 40 days of paid leave, in senior courses - 50 days when studying in the evening or correspondence department;
for postgraduate studies at the correspondence department - up to 30 calendar days;
in accordance with the individual curriculum when passing the state certification - up to 4 months. Education - in correspondence or evening departments.

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

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

Conditions for granting study leave

Study leave must be granted to an employee if:

he receives an education of the appropriate level for the first time (Article 177 of the Labor Code of the Russian Federation);
he is studying according to an educational program that has state accreditation (Articles 173-176 of the Labor Code of the Russian Federation);
he provided the employer with a certificate of summons 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 is studying (Article 177 of the Labor Code of the Russian Federation);
an employer organization is the main place of work for a student employee (Article 287 of the Labor Code of the Russian Federation).

Educational programs can be:

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

In view of the foregoing, if your employee receives a second higher education, including in connection with production needs, and / or studies under a program that does not have state accreditation, you can provide and pay him leave only if it is provided for by an employment contract with him or your collective agreement.

At the same time, if your employee manages to study at 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 choice of the employee (Article 177 of the Labor Code of the Russian Federation).

By the way, by agreement with the employer, an additional study leave of an employee can be added to the annual basic paid leave (Article 177 of the Labor Code of the Russian Federation). But the employee is not entitled 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 study leaves are paid and which are not. Moreover, paid leave for a session under the Labor Code can be of different duration. All this, of course, must be taken into account before proceeding with the payment of vacation.

Paid student leave under the Labor Code.

Type of education	Form of study
	Correspondence, part-time	Intermediate certification (Article 173 of the Labor Code of the Russian Federation): - on the 1st, 2nd year - 40 calendar days in the academic year (when mastering the program in a shortened time - 50 calendar days on the 2nd year); - on 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	Correspondence, part-time	Intermediate certification (Article 174 of the Labor Code of the Russian Federation): - on the 1st, 2nd year - 30 calendar days per academic year; - on 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, adjuncture, residency, assistantship-internship)	Correspondence	During the calendar year - 30 calendar days, as well as the days spent on travel to the location of the educational organization and back. That is, the employee, based on average earnings, is paid for both the vacation period and days on the road (Article 173.1 of the Labor Code of the Russian Federation). Preparation for the defense of a dissertation for a 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 of 05.05.2014 N 409). Vacation is granted if there is a security clearance

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

Type of education	Form of study	The purpose of the leave and its duration
Higher professional (bachelor's, specialist's, master's)	full-time	Intermediate certification - 15 calendar days in the academic year. Passing the final state exams - 1 month; Passing the final state exams along with the preparation and defense of the final qualifying work - 4 months (Article 173 of the Labor Code of the Russian Federation)
Secondary vocational	full-time	Intermediate attestation - 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 examinations - 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 study leave must be paid on the basis of the employee's average earnings, which is determined according to the same rules as in the 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, including weekends and non-working holidays, are payable (clause 14 of the Regulation, 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 07.30.2014 N 1693-6- one).

Application for student leave

As mentioned above, in order to provide educational leave for almost any of the "student" grounds, the employee must provide the employer with a call 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 a Ph.D. or Ph.D. 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 05.05.2014 N 409).

But regardless of the certificate-call (extract from the decision of the council), the employee must also write an application for leave. If the application indicates the same number of vacation days as in the call certificate, or less, the employee must be granted leave in accordance with the application. It can be composed, for example, as follows.

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

Statement

dated 16.05.2019 N 3

About granting additional leave

to pass the intermediate certification

I ask you to provide me with additional leave from 06/03/2019 to 06/28/2019 with the preservation of average earnings for passing intermediate certification at the federal state budgetary educational institution of higher professional education "Russian State Social University". Certificate-call from the university dated May 13, 2019 N 954 is attached.

Specialist of the business planning department Korzhova M.Yu.

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

Study leave of an employee in personnel documents

Granting additional study leave to an employee, of course, requires certain documentation.

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

Time sheet. Vacation days in the form of N T-12 or N T-13 (approved by the Decree of the State Statistics Committee of the Russian Federation of 01/05/2004 N 1) must be indicated by the following codes:

if leave is provided with the preservation of average earnings, then the letter code "U" or the numeric code "11" is used;
if leave without saving average earnings - the letter code "UD" or the numeric code "13".

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

Other guarantees for workers combining work and study

Once a year, the employer must pay for travel to and from the location of the educational institution for employees who successfully study part-time 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 who combine work and study may have their working hours reduced. The reduction rules depend on the level of education received, the form of education, etc. (Art. 173-176 of the Labor Code of the Russian Federation).

Features of study holidays

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

Feature 1. If an employee falls ill during study leave, the leave is not extended. Since it is provided for very specific purposes and for the period specified in the call certificate. Accordingly, for the days of temporary incapacity for work falling on vacation, no allowance is paid (clause 1, part 1, article 9 of the Law of December 29, 2006 N 255-FZ, clause “a”, clause 17 of the Regulation, approved by the Decree of the Government of the Russian Federation of 06/15/2007 N 375). If the employee continues to get sick even after he has to go to work (at the end of the study leave), then from the day following the last day of vacation, he should be credited with an allowance (Article 183 of the Labor Code of the Russian Federation, part 2 of article 5 , part 1, article 13 of the Law of December 29, 2006 N 255-FZ).

Feature 2. Study leave cannot be reduced due to operational needs, i.e. the employer is not entitled to provide the employee with a vacation of lesser duration than indicated in the call certificate. An exception is an employee, on his own initiative, writes an application for a vacation for a shorter period.

Similarly, an employer does not have the right to refuse to grant an employee a study leave if there is a certificate-call from an 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 by monetary compensation. Such a replacement would be contrary to the purpose of the leave.

Russian labor legislation encourages the training of employees and regulates the relationship between the employer and the employee undergoing training in such a way that it is beneficial for the employee to improve the level of his education and qualifications. The employer also indirectly benefits from this: the more educated employees are, the more efficiently they perform their work. Using the acquired knowledge, the employee is able to optimally organize the execution of the tasks assigned to him, intensify production or organizational processes.

The legislator imposed on the employer the obligation to pay for leave associated with educational activities. There are some exceptions to this rule.

The following types of study leave are unpaid:

If the employee receives education at the level at which he has already studied before and has an appropriate diploma. For example, if an employee has a bachelor's degree, he will not be paid study leave under the bachelor's program, but will be paid - under the master's and specialist programs. An exception is the situation when the employer himself sends the employee to such training: in this case, vacation can be paid. In addition, secondary vocational education in programs for the training of skilled workers and programs for mid-level specialists, which, although they belong to the same level of education, are not considered to be second (duplicate) to each other.
The period of entrance examinations in higher (15 days) and secondary specialized educational institutions (10 days).
The period of certification at the preparatory departments of higher educational institutions (15 days).
The period of the examination session for full-time education in higher (15 days) and secondary specialized educational institutions (10 days).
The period of state final certification in higher (1 month) and secondary specialized educational institutions (up to 2 months).

An employee has the right to take study leave for the listed reasons without pay.

If we talk about receiving higher education in the evening or part-time form, which does not duplicate the level of the existing education, then leave is payable, including the following consecutive types of student activities:

Examination session for 1-2 courses lasting 40 days.
Studying externally on the 2nd course lasting 50 days.
Examination session on the 3rd and subsequent courses lasting 50 days.
State final certification lasting up to 4 months.
Mastering programs in graduate school, residency, assistantship lasting 30 days, not including travel time to the place of study.
Mastering the training of teaching staff in graduate school, as well as completing a Ph.D. thesis - lasting 3 months.

If we talk about receiving a secondary specialized education of an evening or correspondence form that does not duplicate the level of an existing education, then leave is payable, including the following consecutive types of student activities:

For employees studying at an evening school, study leave with pay is provided for the following reasons:

Final certification at the end of the basic general school (9 classes) lasting 9 days.
Final certification at the end of the secondary general school (11 classes) lasting 22 days.

Study leave is given and paid in calendar days.

Conditions for granting study leave

By default, study leave is granted only to employees studying in educational institutions with state accreditation. Information about this must be indicated in the call certificate issued to the student at the educational institution for submission at the place of work. The certificate-call also indicates the level of education received.

Study leave is given only to successfully studying employees, that is, those who do not have academic debts and are admitted to the next session. Otherwise, the student will be expelled for poor performance. Information about the employee's progress must also be indicated in the call certificate.

The help call consists of two parts:

Direct call to an educational institution to pass a student test.
Certificate confirming the fact of passing the session, state exams, diploma defense, etc.

The certificate-call is a mandatory document justifying the granting of study leave.

To grant educational leave, an employee must write a corresponding application in free form with a request to grant leave in connection with training for a certain number of days with (without) pay.

An employee can also legally ask the employer to pay for transportation to and from the place of training.

The methodology for calculating the pay for leave in connection with training is similar to the method for calculating the pay for ordinary labor leave. It is based on the average daily earnings, calculated using the average number of working days in a month: 29.3.

The average daily earnings for the purpose of paying vacation days is calculated as follows:

(The amount of accrued wages for the billing period, taking into account all payments related to wages) / (number of months in the billing period) / 29.3. The resulting number is multiplied by the number of calendar days of study leave.

Example

Suppose that an employee who has worked for the last five years in an organization intends to use paid study leave to pass an examination session in the second year lasting 40 calendar days - this is the maximum guaranteed to an employee by law. At the same time, for the previous 12 months, the amount of all accrued payments, including wages and bonuses, amounted to 364,570 rubles. In total, in the billing period, in accordance with the production calendar, there were 247 working days. To begin with, we calculate the average daily earnings of an employee for the purpose of paying vacation:

364570 / 12 / 29.3 \u003d 1036.89 rubles.

1036.89 x 40 \u003d 41475.6 rubles.

Thus, for a study leave lasting 40 calendar days, the amount of 41,475.6 rubles should be accrued. Since payroll occurs before income tax is deducted, in order to obtain the amount that the employee will receive in his hands, it is necessary to deduct 13% of personal income tax.

Terms of payment for study leave

In accordance with the Labor Code (Article 136), payment for any vacation must occur no later than 3 days before the start of the vacation.

The time sheet is a summary table in which the presence or absence of an employee at his workplace is recorded daily by means of special codes:

The fact that an employee is on study leave with pay with a break from production is recorded in the report card with the letter “U” or the digital code “16”.
Additional study leave without pay is marked in the report card with the letters "UD" or the digital code "18".
Leave without pay is recorded as "TO" or the digital code "22".

Employees who combine work with study, for passing exams, defending a dissertation, or simply for passing an intermediate session, are provided by law for educational leave. Moreover, unlike annual paid leave, study leave is provided regardless of how long this employee has worked in a particular organization - a day or six months. Practically in every organization there are student workers and from time to time questions arise in connection with this. In the article we will tell you what an employer should know about study leave.

Conditions for granting study leave

In accordance with Ch. 26 of the Labor Code of the Russian Federation, the employer is obliged to provide persons who combine work with education with additional study holidays. This obligation arises regardless of whether the employee himself expressed a desire to study or was sent to study by the employer.

Vacations can be both paid and unpaid - this is influenced by the form of training of the employee (full-time, part-time or part-time). Basically, if the employee is studying full-time, the vacation is not paid, and if in absentia or part-time, it is paid.

However, the employer does not have an obligation to provide study leave to all trainees without exception, since the legislator has established certain conditions for this.

At the same time, study leave is provided not only to employees who receive education for the first time, but also to those who already have a professional education of the appropriate level and are sent to receive education by the employer under an employment or student agreement concluded in writing (part 1 of article 177 of the Labor Code of the Russian Federation).

Note:

Guarantees and compensations for employees who receive education of the appropriate level not for the first time and on their own initiative, as well as those studying in programs that do not have state accreditation, may be established by a collective or labor agreement.

A successful student is one who has no debt for the previous course (semester), which is confirmed by a certificate-call, without the presentation of which the employer is not obliged to provide study leave by the employee.

If an employee receives education at the same time in two organizations engaged in educational activities, study leave is granted only in connection with education in one of these organizations (at the choice of the employee).

Question:

Is the employer obliged to provide part-time employees with study leave or annual paid leave during the study period?

Guarantees and compensations for employees who combine work with education are provided only at their main place of work (Article 287 of the Labor Code of the Russian Federation).

According to Part 1 of Art. 286 of the Labor Code of the Russian Federation to persons working part-time, annual paid holidays are granted simultaneously with leave for their main job. If the employee has not worked for 6 months at a part-time job, the leave is provided in advance. That is, the employer, for whom the employee works part-time, is obliged to provide him only with annual paid leave simultaneously with leave at the main place of work. The Labor Code does not provide for the provision of part-time study leave or annual paid leave simultaneously with study leave for the main job.

Thus, at a part-time job, you can contact the employer with a copy of the call certificate and an application with a request only for leave without pay for the duration of the study leave. And if the employer does not object, the part-time worker will arrange a vacation at his own expense for the duration of the training, the duration of which is determined by agreement between the employer and the employee.

Vacation types

The types and duration of vacations, depending on the educational programs and the form of education, are presented in the table.

Vacation type

Education program

Form of study

The purpose of the vacation and its duration (in calendar days in the academic year)

Paid		Correspondence or part-time	1. Interim certification: - on the 1st and 2nd courses - 40 days; – on subsequent courses – 50 days. 2. State final certification - up to 4 months in accordance with the curriculum (Article 173 of the Labor Code of the Russian Federation)
	Training of scientific and pedagogical staff in graduate school, residency, assistantship-internship		30 days during the calendar year plus the time spent on travel from the place of work to the place of study and back at the expense of the employer (Article 173.1 of the Labor Code of the Russian Federation)
	For the degree of candidate or doctor of science		Preparation for the defense of a dissertation for a degree: – Candidate of Sciences – 3 months; – Doctor of Science – 6 months (art. 173.1)
	Professional average	Correspondence or part-time	1. Interim certification: - on the 1st and 2nd courses - 30 days; – on subsequent courses – 40 days. 2. State final certification - no more than 2 months (Article 174 of the Labor Code of the Russian Federation)
	General main	Part-time	State final certification - 9 days (Article 176 of the Labor Code of the Russian Federation)
	General average	Part-time	State final certification - 22 days (Article 176)
unpaid	Professional higher (bachelor's, master's, specialist's)		Final certification after training at the preparatory department - 15 days (Article 173 of the Labor Code of the Russian Federation)
			Entrance tests - 15 days (Article 173)
			1. Intermediate certification - 15 days in the academic year (Article 173). 2. Passing the final state exams - a month; passing the final state exams and defending the final qualifying work - 4 months (Article 173)
	Professional average		Entrance tests - 10 days (Article 174 of the Labor Code of the Russian Federation)
	Professional average		1. Intermediate certification - 10 days in the academic year. 2. State final certification - up to 2 months (Article 174)

Student employees, in addition to study leave, are provided with other guarantees. So, for employees who are mastering state-accredited bachelor's programs, specialist's programs or master's programs, programs of secondary vocational education in part-time or part-time forms of education, for a period of up to 10 academic months before the start of passing the state final certification, a work week is set at their request, reduced at 7 o'clock. During the period of release from work, the specified employees are paid 50% of the average earnings at their main place of work, but not lower than the minimum wage.

And for some people who combine work and study, such guarantees are provided as payment for travel to the location of the educational organization and a day off from work.

The procedure for granting study leave

As already noted, the basis for study leave, subject to all other conditions, is a call certificate issued to an employee by an educational institution. The certificate-call form, which gives the right to provide guarantees and compensations to persons who combine work with education, was approved by Order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 No. 1368. Simultaneously with the certificate, employers, as a rule, ask the employee for an application with a request for study leave.

Note:

The application is not a mandatory document in accordance with the law and its absence should not be the basis for refusing to leave the employee.

There are no deadlines for the employee to submit a certificate-call, so the employee can submit it at any time, even on the eve of the study leave.

On the basis of a certificate-call (and application), the employer issues an order to provide additional leave, which can be issued in the unified form T-6, approved by the Decree of the State Statistics Committee of the Russian Federation dated 01/05/2004 No. provided: with or without average earnings. The employee must be familiar with the order under the signature.

Question:

Can an employer, at the request of an employee, grant a study leave of a shorter duration than indicated in the call certificate?

Rostrud in Letter No. 697-6-1 dated 12.09.2013 on this issue reported that since vacations provided in connection with studies in educational institutions of higher professional education on the job have a strictly designated purpose, they should be used only in established terms. Officials believe that the provision of study leave of a shorter duration than indicated in the call certificate, even if the employee requests it, does not fully comply with the requirements of the current legislation.

However, many experts believe that if the employee indicates a smaller number of days in the application, then he can be granted a vacation of a shorter duration, since there is no ban on this by law.

Information about additional holidays is also entered into the employee's personal card.

In the time sheet, the study leave with pay is marked with the letter code "U" or the digital "11", without pay - the letter "UD" or the digital "13".

Upon the exit of the employee from study leave, he must submit to the employer a tear-off part of the certificate.

By agreement between the employer and the employee, annual paid holidays may be added to study leave (part 2 of article 177 of the Labor Code of the Russian Federation).

It should be noted that for employees admitted to the competition for the degree of candidate of science or doctor of science, a separate procedure for obtaining study leave has been established - see the Rules for granting leave to persons admitted to the degree of candidate of science or doctor of science, approved by the Decree of the Government of the Russian Federation of 05.05.2014 No. 409.

Unlike other study holidays, an applicant for a Ph.D. or Ph.D. degree must notify the employer in writing of the intention to exercise their right to leave no later than one year before the expected start date of the leave.

Question:

Is it possible to provide an employee with study leave with subsequent dismissal in accordance with Art. 127 of the Labor Code of the Russian Federation?

Due to the fact that the Labor Code has norms that do not specify what kind of vacation is meant, the question arises - does study leave apply to these holidays (similar problems arise with leave without pay)? The issue is debatable, but in practice, study leave with subsequent dismissal is applied.

However, in Art. 127 of the Labor Code of the Russian Federation states that upon dismissal, an employee may be provided with all unused vacations. Here, obviously, we are not talking about study leave, but about the annual main and additional ones. Therefore, the provisions of Art. 127 does not apply to study leave.

Moreover, the employee-student has the right to terminate the employment contract at his own request, notifying the employer in writing no later than 2 weeks, unless a different period is established by law. The period begins the next day after the employer receives the employee's application for dismissal (part 1 of article 80 of the Labor Code of the Russian Federation).

Question:

Is it possible, at the initiative of the employer, to dismiss an employee while he is on study leave?

But in this case, we believe, the provision of Part 6 of Art. 81 of the Labor Code of the Russian Federation, according to which it is not allowed to dismiss an employee at the initiative of the employer (with the exception of the case of liquidation of an organization or termination of activity by an individual entrepreneur) during periods of his temporary disability and vacation, applies to educational leave. Therefore, if, for example, an employee wants to be fired due to a reduction in the number or staff, notifying him 2 months in advance, and the date of his dismissal falls on the study leave, then the employment contract cannot be terminated on the same day. An employee must be fired on the first day after he returns from vacation.

Question:

An employee with whom a fixed-term employment contract was concluded for the duration of the performance of the duties of an absent employee brought a certificate-call a few days before the latter went to work. Should we give him study leave and for how many days?

There are several opinions on this issue.

Someone thinks that an employee should be fired on the day the main employee leaves due to Part 3 of Art. 79 of the Labor Code of the Russian Federation, but provide study leave and pay it in full. Such a conclusion, in particular, was made in the Ruling of the Leningrad Regional Court of 08/06/2015 No. 33‑3731/2015.

The second position: you need to extend the fixed-term employment contract with the employee for the duration of the study leave, and make settlements with him on the last working day, that is, by analogy with Art. 127 of the Labor Code of the Russian Federation when granting leave to an employee with subsequent dismissal.

However, we adhere to the third position: if the date of departure of the main employee is known, the employment contract is terminated when he returns to work, since study leave is not a basis for extending a fixed-term contract. A study leave should be granted and paid only within the terms of the fixed-term employment contract.

Study leave payment

So, for the time the employee is on study leave, he is paid average earnings. Its calculation is made in accordance with Art. 139 of the Labor Code of the Russian Federation and the Regulation on the peculiarities of the procedure for calculating the average wage, approved by Decree of the Government of the Russian Federation of December 24, 2007 No. 922 (hereinafter - Regulation No. 922).

It is necessary to pay the average earnings accrued to the employee during the study leave 3 calendar days before it starts (Article 136 of the Labor Code of the Russian Federation, Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

The average daily earnings for vacation pay are calculated for the last 12 calendar months (billing period) (clause 4 of Regulation No. 922). At the same time, the average daily earnings for paying for vacations provided in calendar days are calculated by dividing the amount of wages actually accrued for the billing period by 12 and the average monthly number of calendar days (29.3) (clause 10 of Regulation No. 922).

The amount of vacation pay due to the employee is determined by multiplying the average daily earnings by the number of calendar days in the period payable (that is, by the number of calendar days of study leave) (clause 9 of Regulation No. 922).

By virtue of clause 14 of Regulation No. 922, when determining the average earnings for paying for additional study holidays, all calendar days (including non-working holidays) falling within the period of such holidays provided in accordance with the call certificate of the educational institution are subject to payment.

For example, if the study leave coincided with the New Year holidays, the employee will retain the average earnings for these holidays.

Note:

If an employee falls ill during the study leave, he will not be paid temporary disability benefits, regardless of whether he retained average or partial earnings during the study leave or not.

Question:

If an employee passed the exams ahead of schedule, is it possible to withhold from him the amount of average earnings for the remaining vacation period?

Since the study leave was already paid at the average wage before it began, and the Labor Code does not allow deducting this amount or part of it when a person working under a fixed-term employment contract is dismissed due to the expiration of this contract, the employer has no right to keep the specified amount at the final settlement.

There are also no legal grounds to withhold previously paid vacation pay upon expulsion from an educational institution until the end of the study leave. Based on Art. 137 of the Labor Code of the Russian Federation, deductions from the employee's salary are made only in cases provided for by the Labor Code of the Russian Federation and other federal laws.

If the study leave coincided with the annual

By virtue of Art. 124 of the Labor Code of the Russian Federation, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in cases of temporary incapacity for work of the latter, the performance of state duties by him during the annual paid leave, if the labor legislation provides for exemption from work, and in in other cases provided for by labor legislation, local regulations. That is, there is no instruction on the extension or postponement of annual leave in case of coincidence with study leave, as well as the corresponding obligation of the employer.

At the same time, as already noted, by virtue of Part 2 of Art. 177 of the Labor Code of the Russian Federation to the additional holidays provided for in Art. 173 - 176 of the Labor Code of the Russian Federation, annual paid holidays can be added by agreement of the employer and employee.

Thus, in agreement with the employee (on the basis of his application), the employer must either add annual leave to the study leave, or transfer it to another time.

In the Appellate Ruling of the Yaroslavl Regional Court dated July 23, 2012 in case No. 33‑3831/2012, the court considered the application of an employee who was not granted study leave by the employer, since it coincided with the annual leave. The conclusion of the court: an employee studying on the job has the right to both vacations, and if the study leave coincides with the main one, the employer, in agreement with the employee, must transfer the main leave to another period or extend it.

If the employee and the employer did not have time to agree on whether to add the annual leave to the study or postpone it, the employer can extend the leave on his own, but only if this possibility is established by a local regulatory act.

* * *

So, we analyzed the procedure and features of granting study leave. And as you can see, there are quite a few issues that are not regulated by labor legislation. Before making any changes or clarifications to the legislation, we considered the situation from our point of view, guided by the position of judges and regulatory authorities. Nevertheless, you must remember and follow the basic rules.

Subparagraph “a” of clause 17 of the Regulations on the peculiarities of the procedure for calculating benefits for temporary disability, for pregnancy and childbirth, monthly childcare benefits for citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood, approved. Decree of the Government of the Russian Federation dated June 15, 2007 No. 375.