home Audience 1 How to take time off for a session at work. How is educational (student) leave paid?

How to take time off for a session at work. How is educational (student) leave paid?

Often, undergraduate or graduate students combine their studies with work on the staff of an organization. In this case, they have the right to a special study leave, which will help them better prepare for the session, state final certification or the defense of their dissertation. The accountant has a question: in what case are employees entitled to study leave, how long should it be, how is it paid and what documents need to be drawn up. We will talk about this in the article.

For employees who receive education and work at the same time, there are guarantees and compensations that are listed in Art. 173-176 ch. 26 Labor Code of the Russian Federation. In short, working students and graduate students can count on additional (study) leave, which is paid in some cases, full or partial payment for travel to and from their place of study, as well as a shortened working week.

The forms of compensation depend on the form of training and the type of education received. For example, an employee who is preparing to defend a doctoral dissertation can receive a six-month vacation while maintaining average earnings, and a full-time college student can take 10 days of vacation per year without pay to pass the exam.

To whom should an employer provide study leave?

University students who are receiving education in bachelor's, specialist's or master's programs, as well as university applicants.
Graduate students, residency students who are undergoing highly qualified training or are preparing to receive an academic degree.
Students of secondary specialized educational institutions who are receiving vocational education, as well as applicants to colleges and technical schools.
Evening school students who receive basic general or secondary general education.

Under what conditions is study leave granted?

An employee can count on study leave if he receives an education of this level for the first time. For example, if an employee has already received a higher education and is receiving a second higher education, then according to the Labor Code, he is not entitled to leave for the duration of the sessions. But everything changes if the employee is sent to receive education by the employer and a student agreement is concluded on this occasion or the conditions of study are stipulated in the employment contract. In this case, the employer may provide paid study leave.

If a student works in two companies, then guarantees and compensations are provided to him only in one - at the choice of the employee. If he needs to arrange a vacation at a second place of work in order to leave for a session or prepare for the final state certification, then he can only rely on agreements with management and unpaid leave.

Another nuance: the Labor Code provides for leave for those students who study in institutions with state accreditation. Accreditation must be confirmed in a call certificate sent to a working student by his university or college. In accordance with the rules, study leave can be granted upon presentation of a certificate of summons from an educational institution. The reference should include:

Registration number of accreditation.
Date of issue of accreditation.
The body that issued the certificate of state accreditation.

If the institution does not have state accreditation, then a working student can count on compensation only by establishing a collective agreement or employment contract.

Length of study leave

Study leave cannot be longer than the period specified in the Labor Code, unless otherwise provided by the labor or collective agreement.

There is another circumstance that is pleasant for working students: for part-time students of universities who study and work in different cities, the employer pays for travel to and from the educational institution once a year. For part-time students of colleges and technical schools, the employer once a year pays half the cost of travel to and from the educational institution. By agreement with the employer, annual paid leave may be added to study leave.

How to take study leave?

First of all, an employee who applies for study leave must write an application and provide a call certificate from an educational institution. After that, the organization issues an order to provide the employee with study leave. The accounting department signs a calculation note in which the average earnings are calculated. Next, you need to make notes about study leave in the employee’s personal card, personal account and time sheet.

How to pay for study leave?

We have already written above that study leave can be provided with the average salary maintained or without pay - it depends on what form of study the student is enrolled in. For part-time students, the average earnings are maintained, but for full-time students, not. Also, some employees are entitled to an additional day off from work with the preservation of 50% of pay on this day in some periods. All the nuances are disclosed in detail in Articles 173-176 of the Labor Code.

Average earnings should be calculated according to the rules listed in Decree of the Government of the Russian Federation of December 24, 2007 No. 922. Personal income tax must be withheld from the amount paid to the employee during the study leave, the amount itself is included in the base for calculating insurance premiums and is included in expenses when calculating income tax.

The law does not spell out exactly how many days before the start of the study leave the average salary should be paid to the employee, but this must definitely be done before it starts. If the employee did not provide a confirmation certificate on time, then the payments still need to be made before the vacation, but subsequently make reversal entries in accounting for the amount of average earnings that was paid.

In the online service Kontur.Accounting, you can arrange a study leave and calculate the average earnings. Get acquainted with the possibilities of the service for free for 30 days, keep accounting, pay salaries, send reports and use the support of our experts.

With the approach of the session, students engaged in labor activity will probably puzzle their employer with the issue of registration and payment of student (study) 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, vacation should be given only by the company that is the main place of activity for the employee. And if this is only a part-time job, then he can rely solely 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 in case they have the same dates, the annual should be submitted 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 so, then the citizen has the full 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.

Grounds for issuing leave for a session

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

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

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

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

Step 1.

Receive from the employee:

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

Step 2.

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

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

Step 3.

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

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

Step 4.

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

When to pay for vacation

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

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

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

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

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

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

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

How to pay for study holidays

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

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

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

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

Nuances that you should be aware of

There is no second part of the help

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

Vacation dates don't match

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

Got sick while on student leave

If an employee falls ill during study leave, he should obtain a new certificate from the dean’s office of the educational institution. The new dates will be indicated there. 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 money for the vacation - he is obliged to pay it.

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).

The entire complex of guarantees and compensations for employees combining work with training 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 compensation are special, relate 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) general education institution.

The 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 studies there successfully.

In accordance with 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.

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

An employee who combines work with studying simultaneously in two educational institutions is provided with guarantees and compensation only in connection with studying in one of these educational institutions at the employee’s choice.

For employees studying by correspondence in educational institutions of higher vocational education that have state accreditation, the employer pays travel to the location of the relevant educational institution and back once per academic year, and for employees studying by correspondence in educational institutions of secondary vocational education, in the amount of 50 percent of the fare.

In appropriate cases, training employees are provided with:

additional leave while maintaining average earnings;
leave without pay.

Additional leave while maintaining average earnings provided:

1. when studying at a higher educational institution on a part-time or evening basis:

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

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

for passing tests and exams in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;
for preparing and defending a diploma and passing final state exams - two months;
for passing 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 passing final exams in 9th grade - 9 calendar days;
for passing final exams in the 11th (12th) grade - 22 calendar days.

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

1. upon admission to a higher education institution:

for employees admitted to entrance exams - 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 education institution as a full-time student:

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

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

4. when studying at a full-time secondary vocational education institution:

for taking exams and tests - 10 calendar days per academic year;
for preparing and defending qualifying work and passing final state exams - two months;
for passing final exams - one month.

To receive legal guarantees, before leaving for the session, the student must write an application and bring a certificate of summons 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 requires leave. Proof that a person actually passed 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. The legal regulation of unpaid leave is discussed in Art. 128 Labor Code of the Russian Federation. Although it is located in the section regarding rest time, in the chapter on vacations, in essence, unpaid vacations are not vacations, since these vacations are of a targeted nature. 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 annual additional 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, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

In all cases, the provision of leaves without pay, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on said leave, the employee may interrupt it at any time and return to work by notifying the employer in writing.

During the period of unpaid leave, as well as during paid leave, the employer does not have the right to dismiss an employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

Study leave is provided to all employees combining work and education. He is not dependent on the main vacation, but can join it if possible. How study leave at work is paid depends on many nuances. Not in all cases is it possible to maintain wages while an employee is undergoing a session or passing exams. The Labor Code of the Russian Federation clearly regulates the rights and obligations of the parties.

From this article you will learn:

all information about study leave according to the Labor Code of the Russian Federation;
duration of study leave for employees combining work with study;
rules for applying for study leave;
How is payment for study leave made?

Study leave according to the Labor Code of the Russian Federation

The employer is obliged to provide study leave at the right time, regardless of whether the employee has worked for more than 6-12 months or not. Relying on Art. 287 of the Labor Code of the Russian Federation, it can be noted that an employee can only receive leave at his main place of work. If he performs the duties of part-time, he will have to take additional days of rest at his own expense.

The employer is obliged to provide labor training leave to employees who combine work with receiving:

higher education for master's and bachelor's programs, as well as for those entering study, which is regulated Art. 173 Labor Code of the Russian Federation;
higher education, implying the training of highly qualified personnel in accordance with Art. 173.1 of the Labor Code of the Russian Federation;
secondary vocational education, as well as those entering training according to Art. 174 Labor Code of the Russian Federation;
basic or secondary general education on a part-time basis, which is reflected in Art. 176 Labor Code of the Russian Federation.

If the study leave coincides with another, for example, to care for a child, then in order to receive it, the previous leave must be interrupted. Despite the fact that the law provides for obtaining additional education while maintaining a job, it is not possible in all cases to get the additional days that are necessary to pass the session.

Granting study leave is possible in the following cases:

When an employee receives education of this level for the first time. Leave cannot be granted if the employee receives a second higher education or secondary vocational education. In this case, the main vacation should be transferred to the dates when the session and exams are coming up.
If the educational institution has state accreditation. But the contract may also stipulate other rights of the employee, so you need to focus on that as well.

Study leave is granted only on the basis of a summons certificate, which the employee can obtain from an educational institution. In addition, additional days when an employee may not go to work are allowed only after successful training. To receive them, the employee writes a statement, and the employer issues an order.

The order for study leave is as follows:

Study leaves for employees combining work with training: duration

Providing study leave to an employee is possible for different periods of time, which is regulated Art. 173-176 Labor Code of the Russian Federation. The maximum vacation time depends on the type of education, programs and other nuances.

According to Art. 173 Labor Code of the Russian Federation, when studying at higher educational institutions, the following is provided for the session:

in the 1st and 2nd year of study - 40 days;
in subsequent courses - 50 days.

According to Art. 174 Labor Code of the Russian Federation, when receiving secondary vocational training, leave is granted for the duration of the session:

in the 1st and 2nd year of study - 30 days;
in subsequent courses - 40 days.

Study leave should be granted for up to 4 months if the employee undergoes state accreditation or defends his thesis.

According to Part 2 Art. 173 Labor Code of the Russian Federation, in 2017 the employer must provide 15 calendar days unpaid leave employee for:

passing entrance exams;
final exams, if the employee is a student of preparatory courses.

In addition to unpaid or paid study leave, other benefits are provided.

Before the start of the final assessment, the employee has the right to a shortened working week in accordance with Part 4 Art. 173 Labor Code of the Russian Federation. Working hours are limited to 7 hours a week. An employee can take an additional 1 working day off or work for a limited amount of time.

During the exemption period, a specialist receives only 50% of the average salary, but not lower than the minimum wage. This is stated in clause 4 art. 173 Labor Code of the Russian Federation. In addition, the employer must pay once a year for travel to and from the place of study, but these amounts are not subject to insurance contributions.

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Registration of study leave: actions of the employee and the HR department

How study leave is paid and to what extent depends on the specific situation, so employees cannot always count on compensation. Despite this, it is drawn up according to the same principle. If the employer categorically refuses to provide additional time off necessary to pass the session, admission, the employee can contact the procurator.

If rights are violated, the employer faces fines, as it is necessary to strictly comply with current labor legislation.

A student who needs to pass a session or undergo a final certification must write an application addressed to the employer. There is no strictly established application form for study leave, but it must reflect the main information.

Additionally, you should request a certificate from the educational institution, which is sent to the HR department. This is done directly by the employee, not the employer.

Approximate structure of the application:

In the upper right corner the following is indicated: position, as well as the full name of the employer’s head; full name of the employer, including legal form; current position and full name of the applicant; structural unit, if the enterprise is large;
The word “Statement” is written in the middle of the sheet;
The “body” must reflect the reason - the provision of study leave. You need to write the name of the educational institution, reasons, duration of vacation. You can rewrite information from the call help. You also need to indicate whether the study leave is paid or not;
Below is the signature of the applicant with a transcript of the surname, as well as the date of the application.

Based on the application written by the employee, as well as the provided certificate from the educational institution, the HR department issues an order stating that paid educational leave of the Labor Code of the Russian Federation has been granted. In some cases, wages cannot be retained by the employee during the training period, which is also regulated by current legislation.

Important! The first part of the challenge certificate is given to the employer immediately! The second is only after the employee passes the session, exams, or defends his thesis.

After completing all the documents, the accountant draws up a note-calculation, where the average earnings will be indicated. The HR department records data on study leave in the employee’s personal card ( form No. T-2), personal account ( form No. T-54 or No. T-54a), as well as in the time sheet ( form No. T-13 or No. T-12).

Payment for study leave: what an accountant needs to consider

Paid educational leave of the Labor Code of the Russian Federation is provided only to those employees who receive higher, secondary education for the first time. It is important that the form of training be part-time or part-time. In other cases, the employee must combine the main vacation with the period of the session, passing exams, admission.

If receiving additional education was at the request of the organization, the employee must retain wages. This should happen even if he receives a second higher or secondary specialized education, takes refresher courses.

An employee can receive education in any type of educational institution:

at the university;
in a technical school or college;
at evening school or gymnasium;
at the school.

When study leave is needed, how it is paid is decided individually, but in accordance with the law. At the same time, the employer does not have to pay money for work absences if the employee did not pass the session the first time. Those. in this case he must take the days at his own expense.

Educational leave, payment is due only to those employees who fall into the list listed above, i.e. meet all established criteria. To calculate how much is due for payment, you need to add up all the income for the year, divide them by 12 months, and then by 29.3 days (this is the average number for the year), and not by 30, as inexperienced personnel officers often do or accountants.

In this way, you will be able to get the amount due for one day. The money must be paid three days before the start of the vacation.

The employer does not have the right to refuse to provide an employee with educational leave, even if he does not fall into the category of paid ones, for example, when a specialist receives a second, third higher education. But in this case, it is much more profitable for the employee to combine annual paid vacation with the session period, passing exams.

The employer may not change the vacation schedule, but the days when the specialist will be absent from the workplace must be provided. It is impossible to fire an employee of an organization in order to hire a new one, even if during a period of temporary absence there remains a high need for a specialist, for example, during seasonal work.

If an employee is studying, then at his request the employer is obliged to provide him with study leave. However, do not rush to pay. Perhaps the employee is only entitled to unpaid leave.

Many companies have employees who combine work and training. In accordance with the law, these employees are entitled to study leave. You will not find the term “study leave” in the Labor Code. It talks about additional leaves with preservation of average earnings and leaves without pay for workers combining work with education, and workers entering training. However, educational leaves are usually called all those leaves that are provided to employees for various purposes related to education. Such leaves are established by Chapter 26 of the Labor Code.

So, study leave can be:
— paid (additional leave while maintaining average earnings);
— unpaid (leave without pay).

Who is eligible for study leave?

According to the provisions of the Labor Code *(1), educational leave is granted to those employees who receive a certain level of education. The right to paid study leave arises if the following conditions are met:

— the employee studies successfully;
— the educational institution has state accreditation;
— the employee receives education of this level for the first time.

Let us consider each of these conditions separately, as well as the difficulties that arise when fulfilling them.

He studies successfully. The Labor Code does not disclose the content of the concept of “successful completion of an educational program.” Usually, when talking about the success of training, they mean the absence of debts in subjects or “failures” in the grade book. In any case, ongoing monitoring of student progress falls within the competence of the educational institution. Therefore, the success of training is confirmed by a certificate of challenge, and the requirement to provide a grade book or other documents on academic performance on the part of the employer is unlawful.

State accreditation. Of course, employees who combine work with training in educational programs that have state accreditation have the right to study leave.

But there is an exception. Study leave (paid or unpaid) can also be provided to those who study in educational institutions that do not have state accreditation. To do this, this condition must be specified in the employment or collective agreement *(2). If the employer sent the employee to such training outside of work, the employee is provided with guarantees and compensation provided for by the Labor Code *(3).

First time education requirement. If an employee is studying at a technical school, college or institute for the first time, then there are no questions. But there are cases, although at first glance not so obvious, when the education received is also considered the first.

For example, if an employee has previously received an education of the appropriate level, but did not complete the training, that is, did not receive a diploma, then the education he is currently receiving at the same level for the purpose of granting study leave is considered the first.

Another option: if an employee received a higher education immediately after graduation, then studying in educational programs of secondary vocational education is considered to be receiving an education of the appropriate level for the first time.

Also, if an employee who has a diploma of secondary vocational education with the qualification of a skilled worker (employee) studies under the training programs for mid-level specialists, then this is not a second or subsequent secondary vocational education.

Please note that master's studies for an employee with a bachelor's degree will not constitute a second higher education. Consequently, such an employee can take advantage of the guarantees provided by labor legislation.

The only exception, when study leave (both paid and unpaid) can be granted to an employee who already has a professional education of the appropriate level, is a referral for training by the employer himself in accordance with an employment contract or student agreement concluded in writing *(4) .

Non-core training

If the specialty in which the employee is studying is non-core for the company, the employer does not have the right to refuse to provide the employee with study leave, since the Labor Code does not connect the provision of study leave with the specialty that the student receives. If an employee is sent by the employer for training in a certain specialty, then transferring to another specialty is impossible.

If you are studying part-time

Part-time students are not granted study leave. The right to study leave arises only at the main place of work * (5). In relation to part-time work, such an employee, based on his application, may be granted regular leave without pay *(6). If an employee studies simultaneously in two organizations engaged in educational activities, then leave is due in connection with training in only one of these organizations at the employee’s choice * (7).

When is study leave paid?

Employees who study part-time or in the evenings in state-accredited bachelor's, specialist's, master's, and secondary vocational education programs are entitled to paid study leave*(8). Paid educational leaves are provided in calendar days.

Higher education (academy, university, institute) Bachelor's degree, specialist's degree, master's degree. Part-time, part-time (evening) forms of study Interim certification (session) in the first and second years 40 calendar days
Interim certification in the third and subsequent courses 50 calendar days
Mastering the program in a shortened time in the second year 50 calendar days
Final certification (passing state exams, preparing and defending a diploma) Up to 4 months in accordance with the curriculum
Postgraduate studies (postgraduate studies). Part-time study Training Annually 30 calendar days + time spent traveling from the place of work to the place of study and back
Completion of a dissertation for the degree of Candidate of Sciences 3 months
Residency, assistantship - internship. Part-time study Training Annually 30 calendar days + time spent traveling from the place of work to the place of study and back
Applicants for the scientific degree of Candidate of Sciences Completion of a dissertation for the scientific degree of Candidate of Sciences 3 months
Secondary vocational (technical school, college) Part-time, part-time (evening) education
Interim certification (session) in the first and second years 30 calendar days
Interim certification in the third and subsequent courses 40 calendar days
Final certification (passing state exams, preparing and defending a diploma) Up to 2 months in accordance with the curriculum
Basic general (evening school) Part-time (evening) form of education Final certification (final exams after grade IX) 9 calendar days
Secondary general (evening school) Part-time (evening) form of education Final certification (final exams after XI (XII) class) 22 calendar days

Procedure for paying for study leave

For the period of paid study leave, the employee retains the average earnings. It is calculated in the manner prescribed for the payment of vacations provided in calendar days. Average earnings are paid for all calendar days, including holidays, falling on the period of study leave provided in accordance with the call certificate. Study leave must be paid no later than three days before its start*(10). Please note that crediting study leave after the end of the session and providing the employer with a confirmation certificate is illegal. For violation of the deadline for paying vacation pay, the employer is liable * (11). It does not matter whether the employer is to blame for the delay in payment or not.

Important! There have been changes in the provision of educational paid holidays to employees who combine work with education in educational institutions of higher and secondary vocational education. Additional leave with the preservation of average earnings for passing the final state exams with a duration of 1 month from September 1, 2013 is not provided * (12).

The consequences of not providing a confirmation certificate or presenting such a document in which violations are noted (in particular, failure to appear for exams) are not directly defined by labor legislation.

Having identified the misuse of study leave, the employer may require the employee to voluntarily return vacation pay. At the same time, if the employee refuses to fulfill this requirement, it is impossible to deduct vacation pay from wages, since the Labor Code does not provide for such a basis for deduction * (13). The employer can apply to the court with a claim for the recovery of the overpaid amount, but given the lack of direct provisions in the law, it is problematic to predict the outcome of the trial.

Do not forget that the provision of guarantees and compensations to employees who combine work with training is the obligation of the employer, and not the right. Therefore, in case of non-fulfilment, the employee can apply to the state labor inspectorate, which, in turn, can present mandatory instructions to violators of labor rights to eliminate violations of labor legislation * (14). In addition, the inspection has the right to bring the perpetrators to administrative responsibility * (15).

Important! College students who receive initial vocational education no longer have the right to paid leave to take exams for 30 calendar days within one year, regardless of the form of study - full-time, part-time or evening *(16).

When study leave is not paid

In addition to paid leave, a student employee has the right to additionally take study leave at his own expense. Study leave without maintaining average earnings is also provided in calendar days. The duration of such leaves depends on their purpose and level of education.

Duration of unpaid study leave depending on the type of education

Type of education Purpose of leave Duration of unpaid educational leave
Higher (bachelor's, specialist's, master's) Entrance tests (exams) 15 calendar days
Final certification (exams) at the preparatory department 15 calendar days
Interim certification (session) in full-time education (full-time study) 15 calendar days per academic year
Preparation and defense of final qualification work, passing state exams (full-time study) 4 months
Passing state exams (full-time study) 1 month
Secondary vocational (technical school, college) Entrance tests (correspondence, part-time and part-time forms) 10 calendar days
Interim certification (full-time study) 10 calendar days per academic year
Final certification (full-time study) Up to 2 months

The law establishes not only the conditions for granting study leaves, but also their guaranteed duration. If the employment contract with the employee specifies a smaller number of days of educational leave or includes a condition that the employee refuses to use educational leave or pay for it, then this condition of the employment contract will not apply *(17).

Conversely, it is not prohibited to improve the situation of workers in comparison with labor legislation. Therefore, in a collective agreement or in an employment contract, it is possible to provide for additional cases of granting educational leaves, increasing their duration, or providing leave with pay instead of leave without pay * (18).

At the same time, it should be noted that the provision of study leave is one of the guarantees for employees who combine work with study. That is, the employee can use this guarantee in full or refuse it or use it partially. To do this, in addition to the summons certificate, the employee must submit an application indicating from what date and for how long he is asking to be granted study leave. The dates of the requested study leave must not exceed the period specified in the call certificate. Then wages must be paid for the time worked, and average earnings for the vacation days actually used. The fact that partial provision of study leave within the period specified in the summons certificate does not contradict labor legislation is confirmed by judicial practice * (19). Although Rostrud takes a different point of view on this issue * (20). Providing study leave of a shorter duration than that specified in the call certificate, even if the employee requests it, will not fully comply with the requirements of current legislation, since study leave has a strictly intended purpose and should be used only for deadlines.

Documents for registration of study leave

The basis for granting study leave is a summons certificate*(21). Two forms of summons certificate have been approved: for those receiving higher education *(22) and secondary vocational education *(23). A summons certificate for a higher education institution will also differ depending on what kind of leave is provided - paid or not.

For other cases of granting study leave, call-up certificate forms are not approved. There is also no approved certificate form for a program that does not have state accreditation. But if an employee is granted study leave in accordance with a collective or employment agreement, such a certificate is issued in any form. The only requirement for such a certificate is that it must reflect the purpose and timing of the study leave.

The employee is not required to bring a copy of the certificate of state accreditation. This information is contained in the call help.

The second part of the certificate is filled out by the educational institution and certified with a seal after study leave. It confirms that the employee used the study leave for its intended purpose, namely: he was actually in the educational institution that issued him the specified summons certificate. The employer gives this part to the employee upon receipt of a summons certificate from him before the vacation, and the employee returns it when returning to work from study leave.

If the employee provides only a summons certificate, then he must apply for study leave in accordance with it. The employer does not have the right to independently change the dates of study leave.

Important! It is not possible to replace study leave with monetary compensation, or to work while on study leave. If during study leave the employee actually worked, he is entitled to wages for the days worked, and the average earnings received by the employee as vacation pay are in this case overpaid.

E. Noskova,
senior HR specialist
BDO Unicon Outsourcing

*(1) Art. 173-176 Labor Code of the Russian Federation
*(2) Art. 173, 174 Labor Code of the Russian Federation
*(3) Art. 187 Labor Code of the Russian Federation
*(4) Art. 177 Labor Code of the Russian Federation
*(5) Art. 287 of the Labor Code of the Russian Federation
*(6) Art. 128 Labor Code of the Russian Federation
*(7) Art. 177 Labor Code of the Russian Federation
*(8) Art. 173, 174 Labor Code of the Russian Federation
*(9) art. 173-176 Labor Code of the Russian Federation
*(10) Art. 136 Labor Code of the Russian Federation
*(11) art. 236 Labor Code of the Russian Federation
*(12) sub. "b" clause 18, sub. "b" clause 20 of the Federal Law of July 2, 2013 N 185-FZ (hereinafter referred to as Law N 185-FZ)
*(13) Art. 137 Labor Code of the Russian Federation
*(14) Art. 357 Labor Code of the Russian Federation
*(15) Art. 5.27 Code of Administrative Offenses of the Russian Federation
*(16) clause 21 of Law No. 185-FZ
*(17) part 2 art. 9 Labor Code of the Russian Federation
*(18) Art. 9, 41, 57 Labor Code of the Russian Federation
*(19) rulings of the Trans-Baikal Regional Court dated 03/21/2012 N 33-835/2012, Vologda Regional Court dated 09/28/2011 N 33-4454/2011
*(20) letter of Rostrud dated September 12, 2013 N 697-6-1
*(21) Art. 177 Labor Code of the Russian Federation
*(22) order of the Ministry of Education of Russia dated May 13, 2003 N 2057
*(23) order of the Ministry of Education of Russia dated December 17, 2002 N 4426