What educational leaves are paid? How is study leave paid?

According to the provisions of the Labor Code of the Russian Federation, not all student workers are entitled to such a privilege, but only:

receiving first education;
students in institutions with state accreditation;
having academic success.

Each session, the student is entitled to leave with preservation of earnings.

To do this, he must provide the following documents:

student ID;
certificate of summons from the institute (Article 137 of the Labor Code);
a document confirming state accreditation of the educational institution;

The documents are provided to the director of the company. Such a vacation, like a standard planned one, must be paid before it starts.

Who won't be provided with it?

It turns out that there are such cases:

if a person receives a second (also subsequent) higher education;
those who do not have academic success (Article 177 of the Labor Code);
education takes place at a commercial university without accreditation;
the citizen works part-time.

REFERENCE. A separate question is what is considered successful study? Only A's? No C's? The Labor Code does not provide an answer to this question. Most companies understand this point as follows: the student has no student debt.

How long the study leave will last depends on many circumstances(Article 173, 176 of the Labor Code of the Russian Federation). It should be remembered, however, that there are limits here too - for example, for first- and second-year correspondence students, the maximum is forty days per session. So, now let's move on to the main question: “How is study leave paid?”

Who is responsible for payment?

Is study leave paid for distance learning? Yes, but it all depends on the specific case, each of which you can find out below.

How is study leave paid for part-time students?

It all depends on what kind of education a person receives and where he studies.

If this is the first higher education and he has provided the employer with the relevant documents, payment for study leave occurs as expected, by the organization where the student works.

In other cases, a working student usually negotiates with the employer about a vacation “at his own expense,” that is, or try to take it. And here it all depends on what kind of relationship he has with the management of the company.

Is the employer obliged or required to pay for study leave? An entrepreneur is not at all obliged to satisfy requests for administrative leave, even from the most distinguished citizens.

It is enough for him to meaningfully tell him that in the absence of this employee the business will suffer losses - and that’s all. The law does not provide any punishment for intractable employers.

In the vast majority of cases, if the employee successfully copes with his work responsibilities, the directorate meets him halfway and provides him with a week or two to pass the exams. But anything can happen, often the employee has no choice but to quit.

It is for this reason that students clarify the question about leave for the session even at the interview stage. Study leave cannot coincide with other vacations. It should be remembered that even a student cannot be deprived of the right to a planned annual paid vacation.

How is it calculated?

This question has many formulations and here are some of them: “How to calculate study leave for part-time students?”, “How is study leave paid for part-time students?”

Such time off is paid on the same principle as the annual planned one. Namely - based on average income, which as a general rule is calculated per year.

Let's remember exactly how this is done. First you need to calculate your average daily income. In the formula it will be denoted by S:

S = Z/(12*29.3);
Z - average income;
12 - number of months;
29.3 is the state-established average number of days per month.

Now that we know the average daily income (S), we can calculate the holiday pay that will be given to the student. They will be designated O:

O= S * number of vacation days.

Before issuing vacation pay, the entrepreneur will withhold personal income tax from the resulting amount.

The organization's obligation to pay for study leave

Can an employer not pay for study leave? No, the obligation of the enterprise if the employee is registered according to the rules of labor legislation (remember that these rules do not apply to workers), and also:

receives first education or attends evening school;
this is his main place of work (Article 287 of the Labor Code);
the student successfully copes with the course load(has no “tails”. In other words, it’s one thing about the session. But if suddenly in the middle of autumn a cadre with a guilty head comes to the director and asks for a couple of days to pay off the debt - otherwise deduction - we can only talk about days at his own expense );
The educational institution has state accreditation.

What to do if the employer refuses to pay?

Firstly, first answer the question of whether the employee really has the right to it. Or maybe the relationship with the company is sealed not by an employment contract at all, but by a civil law one - that is, in this case we have a paid provision of services, what kind of vacation can we talk about?

Secondly, if an employee was previously expelled and is now receiving education at another university, this also does not oblige the entrepreneur to pay out of his own pocket for his studies - otherwise than by court decision.

If the situation is completely transparent and devoid of ambiguity, you should first ask for an audience with a superior person and talk, with the hint that the employee knows his rights and, if anything happens, is ready to defend them.

Secondly, you can file a complaint with the labor dispute commission, the prosecutor's office or the court (if such violations are systematic and an appeal to the labor inspectorate did not yield anything).

But all this comes later.

What should you do first if they don’t even let you in?

To begin with, the employee is faced with a dilemma: to comply and possibly lose the university, or to show character and be kicked out for absenteeism?

This is quite possible - if you just take it and don’t go to work. True, if we are talking about an ordinary planned vacation, then absenteeism will not be considered absenteeism, even if the satrap refuses to comply. But the fact of the matter is that, according to the law, educational time off is not included.

Therefore, you can try to do this: the employee addresses the boss with a notice of impending absence from work with a reference to the legislation and an explanation of the reasons. Moreover, you need to make sure that the head of the company accepted it - this is especially important!

In the future, this paper will play a role in legal proceedings. This way you can save not only your job, but also your salary, and perhaps even increase your authority in the eyes of the team and the employer himself.

ADVICE! If a trial is inevitable, then in no case should you take on the case alone, without the help of an experienced lawyer specializing in labor law.

Firstly, the average person is rarely aware of all the nuances and possible loopholes in the law - and on the side of the entrepreneur there will be a venerable lawyer, and probably more than one.

The statement of claim is submitted to the court of general jurisdiction at the location of the organization in the number of copies based on the number of participants in the analysis. You will need to attach the following documents to it:

general passport;
educational documents;
refusal by management to pay and/or provide;
correspondence with the boss;
state duty check.

Employer's liability for failure to provide rest

If it is determined that a citizen’s rights have been violated, the supervisory authority will issue an order to satisfy the request for leave - this is the first thing. Secondly, if the entrepreneur does not come to his senses, this threatens him with liability under Article 5.27 of the Code of Administrative Offenses and fine - up to fifty thousand rubles.

Of course, the best thing is to live peacefully, including with those who provide jobs. But if necessary, it is best to first consult with an experienced labor dispute lawyer - he will tell you how best to proceed in a particular situation - with his help you can resolve the issue even without a trial.

In the previous article, we talked about the fact that vacation can be different; we examined in detail the vacation that is provided to each employee annually.

Another type of leave is educational leave, which can be granted to an employee at his request. What kind of leave is this, who can count on it and how study leave is paid - we will look into this below in the article.

Study leave is also called student leave; an employee needs it if he is still studying at the same time as working. It is not provided to everyone and not always, but only under certain conditions.

Conditions for granting study leave:

Training must be full-time or part-time when studying in higher or secondary vocational educational institutions;
Training can take any form if the employee receives primary education or studies at an evening general education institution;
The training the employee receives should come first;
The educational institution must have state accreditation;
Availability of a letter of invitation from an educational institution confirming successful studies.

If all these conditions are met, then the employee can count on receiving student leave for the duration specified in the summons certificate. But, as a rule, the duration of study leave does not exceed 30 calendar days.

Features of granting study leave

I would like to highlight three features that employers need to pay attention to.

1. It is important for the employer to remember that study leave is in no way related to the main paid one; it is provided separately.

That is, an employee can rest the 28 calendar days a year allotted to him by the Labor Code of the Russian Federation, and also go, for example, on study leave for up to 30 calendar days during the completion of a session.

2. Another important point. Study leave can be granted at any time during the employee’s career at his request, set out in the application, subject to the above conditions being met. It doesn’t matter how long he worked - a week, a month or a year, the employer is obliged to let the employee go.

For comparison, a different rule applies to annual paid leave: you need to work for at least six months to be able to rest.

3. Last moment. If a weekend of public holidays falls on study leave, they are recognized as a regular day of study leave and are paid as a regular day. That is, the duration of vacation does not increase by the number of holidays.

For comparison, if a public holiday falls on the main paid vacation, then this day is excluded from its duration, and the vacation itself is extended for this day, that is, the employee goes to work later.

This rule does not apply to student leave. If the order states that the employee is entitled to study leave for 14 calendar days, then he will be on it for that long, no matter whether there are holidays during this period or not.

Payment for study leave

Very often, employees have a question about whether they will be paid for these days and in what amount.

The Labor Code of the Russian Federation gives a clear answer that the employer must pay for all days of study leave, and student leave pay is calculated in the same way as for the main paid person.

That is, for the calculation, 12 calendar months preceding the month of going on student leave are taken. If an employee has worked for less than 12 months, then the time period worked for this employer is taken.

Documenting

As for documents, everything is standard here too.

The employee is required to write an application, to which must attach a certificate of summons from the educational institution. Call for help is required! Without it, the employer has the right to refuse to provide student leave.

If necessary, the employer may require its employee to provide a certificate confirming state accreditation of the educational institution. The employee can receive a copy of this document directly at the place of study.

Based on the application, an order is drawn up, for example, using the unified T-6 form.

Based on the order, vacation pay is calculated and paid. Read how vacation pay is calculated.

In the personal card T-2 in section 8, a note is made about the employee going on study leave. If you have a personal account, information about this is also entered into it.

On the days of the employee’s absence, the working time sheet is marked with the code “U”.

Employees who decide to improve their level of knowledge by studying at educational institutions are faced with the question of how study leave is paid and to whom it can be provided. In this article we will examine this issue from all sides.

Study leave is time provided to employees undergoing training in special institutions to complete their study plan. This period of time can be either paid or unpaid, that is, at your own expense. We will look further into what this depends on.

The period of absence of an employee from the workplace due to study takes the form:

, i.e. is provided for a certain period of time (in accordance with the documents available to the student and existing legal acts);
reducing employee work time, i.e. reducing the work week to four days or reducing working hours daily.

Providing leave due to training is regulated by Articles 173-176 of the Labor Code of the Russian Federation.

Leave for the period of study is granted to employees undergoing part-time, evening, part-time and part-time training in the following educational institutions:

General education evening schools;
Educational institutions providing special vocational education;
Higher education institutions;
Universities offering bachelor's, master's and specialty programs.

Registration of study leave

Study leave is processed as follows:

The student writes an application addressed to the employer to grant him the leave required by law to study or reduce working hours.
A summons certificate is attached to the application. This document, received at the place of study, has two parts. Upon completion of this training period, the employee returns the second part to the enterprise with a mark of successful completion of training.
The head of the enterprise issues a vacation order. A sample of this document is given below.

Sample study leave order

How to calculate study leave

The period of release from work during study is regulated by the Labor Code of the Russian Federation.

The employer is obliged to exempt students receiving secondary education through evening education from work for the period of passing exams for the 9th grade - for 9 days, for the 11th grade - for 22 days.
The period of absence from work due to passing entrance examinations for enrollment in an educational institution of secondary professional level is 10 days;
For admission to higher education institutions – 15 days.
The employee uses the same 15 days to pass the final certification upon completion of preparatory courses at the university.
Part-time students and students of evening departments are entitled to a leave of 40 calendar days in the 1st and 2nd academic courses to take the examination session, and in subsequent courses of study its duration increases to 50 days.
If an employee is studying at an institution of secondary vocational education in the evening or part-time department, his additional leave lasts 30 days in the 1st and 2nd year, and in subsequent years - up to 40.
Passing the intermediate certification for full-time students in universities lasts 15 days, and in secondary specialized institutions - 10 days.
Preparation and defense of a diploma project, as well as state examinations at a university, free an employee from work for a period of 4 months, regardless of the form of study.
For students of secondary vocational institutions, this period lasts 2 months.

For some categories of students, according to adopted laws, the employer is obliged to reduce the period of performance of labor functions. This category includes, first of all, students of general education evening schools. By law, throughout the entire school year, their work week is reduced by 7 hours by reducing the working hours of daily shifts or by providing an additional free day.

The same reduction in working time is provided to students of universities and secondary specialized educational institutions, part-time students and evening students for a period of ten months before passing state exams and defending their thesis.

Study leave and benefits

Russian legislation has established a number of benefits for student employees.

Exemption from performing professional functions for the period provided for by the educational schedule and legislative norms.
Reducing the time required to fulfill labor obligations.
Financial payments during your studies.
Compensation for travel costs to and from school.

It is worth noting that these benefits are not provided to everyone and not always in full.

Legal and unconditional release of employees from work is possible in the case when the education they receive is the first in this department. Leave to obtain a second higher or special professional education may be granted to an employee at the request of the employer. Or this time of study is registered as a vacation at your own expense.

Legal suspension of work with subsequent financial compensation for training is possible only at the citizen’s main place of work. At an enterprise where work is part-time, it is possible to provide vacation at your own expense. The exception in this case is the desire of the employer.

The provision and payment of study leave is made only to those employees who do not have debt under the training program. This information is confirmed by a call certificate.

An employee is exempt from performing work activities for study only in those institutions that have a state license. Otherwise, the wishes and capabilities of the employer are taken into account.

Payment for study leave

In some situations, an employer is not required to make financial payments to its student employees. Such cases include:

receipt by the employee of a second education of this level;
the educational institution does not have a state license;
work at this enterprise is a part-time job;
the student is dishonest in his studies and is nominated for expulsion;
The time provided to an employee to pass exams at preparatory departments of universities and to pass entrance exams to any educational institutions is not subject to payment;
The law exempted the employer from paying compensation for the period of study of full-time students, passing their intermediate certification, state exams and graduation projects.

But, at the same time, the head of the enterprise has the right to pay for the education of his employees in the above situation, if there is a mutual agreement.

And yet, despite the above list, the employer in most cases pays for the period of study of its employees. How to calculate study leave? The employer is obliged to pay study leave to employees in accordance with accepted legal rules and regulations.

The average salary is paid to an employee for the period of study leave in case of successful training in higher educational institutions and institutions providing special vocational education through part-time and part-time courses. This applies to periods for passing exams, state exams, and defending diplomas.

Students of general education evening schools are paid an average salary for the period of passing final exams.

Payment in the amount of 50% of the amount of earnings is paid to part-time students and evening school students for the period of shortening the working week.

Payment for study leave follows the same scheme as for regular leave. Payment of funds is made three days before the start of this period.

If there is no confirmation that the employee was studying (failure to provide a certificate from the educational institution), the employer may demand that the dishonest employee return the money paid.

It is not carried out during the employee’s absence from the workplace due to study.

For part-time students studying in another city, a discount on the return of travel costs is provided. But there are some nuances here too.

Firstly, travel compensation is paid once per academic year.
Secondly, for part-time students studying at universities, payment is 100% of the cost.
Thirdly, for employees studying in special vocational educational institutions, this figure is 50%.

In the current situation, our state’s concern for increasing the knowledge of citizens is encouraging. A part-time student working at an enterprise is, at least partially, financially protected.

Study leave - features

The registration and provision of study leave is somewhat similar to the main one, but there are some features.

The period of study leave is not extended in accordance with holidays or time of incapacity (illness), as happens during regular leave.

Study leave cannot be part of the main one provided by law. If the employee’s main vacation coincides with the school schedule, the head of the enterprise is obliged to postpone the legal vacation to another time, at the request of the employee.

The acquired specialty may not correspond to the professional obligations performed by the employee at the moment.

The employer is obliged to provide leave for study, regardless of when the employee entered the educational institution: before taking the given job or after.

The Labor Code of the Russian Federation provides our citizens with the opportunity to exercise their right to receive education without interrupting the production process. It would be a sin not to take advantage of such a right.

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

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

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

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

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

Other requirements for receiving paid leave:

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

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

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

Collection of necessary documents

To apply for leave while studying, a student must obtain a certificate of summons of the established form from a university or other educational institution and draw up an application independently.

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

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

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

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

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

Amount of payments for study leave

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

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

Vacation dates

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

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

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

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

Display in accounting

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

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

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

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

Possibility of extending vacation

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

The certificate is sent to the workplace, accounting department or human resources department, where the employee is granted the rest of the vacation.

But the maximum duration of paid leave does not increase.

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

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