We order the granting of study leave to an employee: rules for drawing up an order and a sample for filling out the T-6 form

Reasons for publication

An order to grant study leave is a sample of an employer’s response to an employee’s application. Although he is obliged to grant his request, there are a few exceptions. Therefore, before publishing a document, you need to make sure that:

• A summons certificate is attached to the application. It can be used to determine the exact number of days the employee will spend studying;
• the employee is not registered as a part-time worker;
• he receives his first professional education;
• his university has state accreditation.

There is no need to rely on the annual vacation schedule provided to employees. But you will need to enter information into your personal card, but only after the student returns from the session.

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How to fill out the T-6 form when providing student days?

Having an application and a summons certificate from a student employee, HR specialists prepare an order on a form developed by the company or in the T-6 form.

Having filled out the usual details (date, number), then indicate the employee’s data: full name, position, name of department. The line indicating the work period remains empty.

Part B of the order form must be filled out with the text “additional leave (study)” and it must be clarified whether it is compensated or not.

Part B of form T-6 - write information about the total number of days of additional leave in connection with studies, its beginning and end.

The order bears the visa of the director of the company and the signature of the student employee.

According to Article 287 of the Labor Code of the Russian Federation, an employee only for his main job can count on extraordinary rest.

To confirm the fact of being at the university, the employee, at the end of the session, gives a detachable part - a confirmation certificate. Otherwise, the period of absence from work will be regarded as absenteeism.

Taking several types of vacation at the same time is unacceptable. If, for example, study and parental leave coincide, the latter is interrupted for the duration of the session and resumes at its end.

If there is a coincidence of a study holiday and an employee’s illness, it is necessary to clarify in the application which overlapping days belong. Otherwise, the accounting department will recalculate vacation pay in favor of sick leave, which is paid from the Social Insurance Fund.

Sample order for granting study leave - download.

When is vacation unpaid?

Features and duration of study leave (in calendar days):

Workers receiving secondary vocational education can take a leave of 10 calendar days to pass entrance or transition exams, and up to 2 months to defend their thesis and pass the final exam.

The period allotted for internship before the diploma is not paid, unless this is provided for in the local regulations of the organization.

When is payment due?

Regardless of the duration of a specialist’s work at the enterprise, the following vacations are granted:

Payment for educational holidays is made based on average earnings and includes all holidays and non-working days within a specified period of time.

Sample order for granting study leave to an employee

Form T-6 is recommended but not required. It is not only more convenient to fill out, it is easier to track the main components of the text:

1. Name of company.
2. Number and date of compilation.
3. Information about the employee (full name, personnel number, position, structural unit).
4. Type of reason for absence and indication of whether wages are retained or not.
5. The number of calendar days (in accordance with the call certificate) and the start and end dates.
6. Position, full name and the signature of the manager.
7. Familiarization note.

The column “During the period of work” does not need to be filled in here. This is a specific order: study leave with pay is a guarantee for everyone: both for the student (that he retains his job) and for the employer (that he complies with the requirements of the law).

Order on study leave: how to reflect it in document flow

The order is issued by the personnel service based on:

• help-call;
• employee statements.

The order for leave due to study contains:

• company name;
• number;
• date of registration;
• information about the student employee;
• reason for provision;
• information about whether vacation is paid or not;
• vacation period, duration;
• manager's signature.

The employee must sign the document, thus confirming that he has read the order. An order is drawn up using the unified form T-6 or on a form approved by the LNA of the company.

Payment order

The order to pay for study leave is an example of unnecessary bureaucracy. The initial document is quite sufficient for accounting purposes. The main thing is that it includes the phrase “paid” or “with wages”. This is allowed for part-time students if the time of their absence falls within the legal standards:

• 40 days annually - for freshmen and sophomores;
• 50 days annually - for other students;
• four months in the last year of study - for graduates;
• 30 days annually - for graduate students or residents;
• three and six months - for applicants for the degree of candidate and doctor of science, respectively, who have gained access to defend their dissertation.

How long can it last

Payment principles

There are some types of study leave that the employer must provide, but does not pay for: for example, the time spent passing entrance exams and intermediate certifications is not paid (all cases are listed in Article 173 of the Labor Code of the Russian Federation).

Money should be allocated in advance, at least three days before the employee leaves for study. This is stated in Article 136 of the Labor Code of the Russian Federation. Moreover, they must be paid in a lump sum - this is important to take into account if the duration of the employee’s absence is more than a month.

Wages are paid in the amount of average daily earnings multiplied by the number of days of absence. The number of days should be taken from the call certificate. However, the student in his application may indicate a smaller number of days than in the certificate, and the employer must meet him halfway and reduce his vacation.

If a student studies by correspondence, the enterprise where he works must pay for his travel to and from the place of study once a year (100% for a university student, 50% for a student of a vocational education organization).

IMPORTANT!

This rule applies only if training is conducted according to accredited educational programs.

Is it possible to fire a pregnant woman?

As you know, pregnant employees are a special category of workers who have increased protection under labor legislation. The fact of receiving benefits and their size depends on the presence of official employment.

No woman would want to be fired while pregnant, because having an official job means that she will receive maternity benefits (for pregnancy and childbirth), and the amount of monthly payment for a child under 1.5 years old will be paid from the amount of her actual earnings, and not in the minimum amount.

In addition, having a job during parental leave provides a guarantee that at the end of it the employee will be able to return to her workplace and continue to work.

Often employers do not want to deal with the difficulties of applying for maternity leave, calculating benefits, sending an employee on vacation, while maintaining her job. Trying to get rid of these unnecessary, in their opinion, actions, they are looking for a reason to fire the pregnant woman. However, this is not so easy to do.

The Labor Code of the Russian Federation limits the grounds for dismissal of pregnant workers.

Based on what documents is it compiled?

To create an administrative form, the employer only needs to receive two documents from the employee:

1. A challenge certificate is a standard form issued at the place of study to confirm a student’s admission to a certain reporting stage in their studies. Rules for issuing a certificate.
2. An application is a written request from an employee confirming his intention to take advantage of the right to receive study leave (with or without pay) guaranteed by the Labor Code of the Russian Federation. Rules for writing an application.

Both documents are transferred by the employee to the responsible representative of the employing company for subsequent processing and generation of an order.

Features of study holidays

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

Feature 1. If an employee falls ill during study leave, the leave is not extended. Since it is provided for very specific purposes and for the period specified in the summons certificate. Accordingly, for days of temporary disability falling on vacation, benefits are not paid (clause 1, part 1, article 9 of the Law of December 29, 2006 N 255-FZ, clause “a” clause 17 of the Regulations, approved by the Decree of the Government of the Russian Federation dated 06/15/2007 N 375). If the employee continues to be sick even after he is supposed to go to work (at the end of his study leave), then from the day following the last day of leave, he should be accrued benefits (Article 183 of the Labor Code of the Russian Federation, Part 2, Article 5 , Part 1 Article 13 of the Law of December 29, 2006 N 255-FZ).

Feature 2. Study leave cannot be reduced due to production needs, i.e. the employer does not have the right to provide the employee with a leave of shorter duration than indicated in the call-up certificate. An exception is that an employee, on his own initiative, writes an application for leave for a shorter period.

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

Feature 3. An employee cannot be recalled from study leave (Article 125 of the Labor Code of the Russian Federation). Otherwise, this would lead to a change in the duration of the vacation.

Feature 4. Study leave cannot be replaced with monetary compensation. Such a replacement would contradict the intended purpose of the vacation.

Student leave: how is it paid?

Before moving on to the question of how student leave is paid in 2020, let’s figure out which educational leaves are paid and which are not. Moreover, paid leave for a session under the Labor Code can be of different durations. All this, of course, must be taken into account before you start paying for your vacation.

Paid student leave according to the Labor Code.

Why is it needed?

The order performs several important functions:

1. Justifies the reason for the worker’s absence from the workplace.
2. Serves as the basis for the accountant to make calculations for payment for vacation study time.
3. Acts as a substantiating document for entering information about the absence of an employee into the time sheet.

That is, the order is a mandatory component of the procedure for documenting study leave.

The absence of an order will not allow the employee to quietly go on study leave. If questions arise, there will be no documentary justification for the employee’s absence, so the employer will be able to bring charges of non-compliance with the work schedule.

Important! Unauthorized absence from work to pass a session or diploma without familiarizing yourself with the order is a disciplinary violation. The employer has the right to impose punishment on the violator of discipline in the form of a reprimand, reprimand or even dismissal.

Student time off is not available to all employees. There are a number of conditions for its registration; the requirements relate to the form of training, the type of certification work and a number of other factors. Who is granted study leave?

Order for study leave with pay - sample

The confirmation certificate (the detachable part of the challenge certificate) is filled out by the university at the end of the session and certified with its seal.
The confirmation certificate will be proof that the student worker was in this educational institution. If the employee does not provide it, the employer may classify the period of absence of the employee from work as absenteeism. 177 Labor Code of the Russian Federation). By the way, by agreement with the employer, the employee’s additional study leave can be added to the annual main paid leave (Article 177 of the Labor Code of the Russian Federation). But the employee has no right to demand their unification.

Important! The storage period for a registered order on granting student leave is 5 years. Making an entry in the personal card The granted study leave is entered in the T-2 card in the eighth section.

The entry is made on the basis of an order and a call to study. Filling:

• Column 1 - the name of the leave “study”;
• Columns 2 and 3 are not filled in;
• 4 columns - calendar number of vacation days;
• Columns 5 and 6 - deadlines for the period of absence;
• Column 7 - details of the documentary basis.

Sample of filling out a personal card: Designation in the report card Based on the order, the employee responsible for recording working hours enters designations for student leave on all days of absence of the student employee.

If vacation time includes holidays and weekends, then such days are also designated as educational rest.