Every person has the right to improve the level of their knowledge by obtaining higher or secondary specialized education. This right is also granted to those who are engaged in labor activities . The process of obtaining study leave has its own subtleties and nuances that should be taken into account by every employee. Below we propose to talk about how study leave is paid on the territory of the Russian Federation.
When combining work and study, the employee has the right to be granted study leave by the employer
The legislative framework
Article 173 of the Labor Code interprets study leave as one of the guarantees for those who receive higher education in parallel with work. To obtain it, you need to study part-time or part-time at an accredited university.
Average earnings are retained if a student employee is absent due to:
- sessions in the first two courses - 40 days a year;
- sessions on other courses - 50 days a year;
- passing state exams - up to four months.
Accordingly, how many days of study leave are paid per year depends on the course of study. But if an employee needs more days to prepare or retake exams, the employer is not required to pay for the additional time.
Useful video
Important nuances of providing a break from work in connection with the simultaneous training of an employee are discussed in this video:
https://youtu.be/V4n007GuURQ
The employer is obliged to put the employee on vacation during the session, preparation and delivery of the final work, if all the necessary conditions under the Labor Code of the Russian Federation are met.
In order to avoid labor violations, the responsible representative of the company should carefully study the provisions of Chapter 26 of the Labor Code and register and pay for vacation time within the established time frame.
When absence is not paid
We found out whether study leave is paid for distance learning. But it happens that full-time students also manage to earn extra money. The employer will not pay for their absence, but may let them go for the following periods:
- 15 days a year - per session;
- month - for state exams;
- four months to defend the thesis.
If an employee is an applicant, it is unclear whether he will ultimately be a full-time or part-time student. Therefore, he will be given 15 days without pay for final exams from preparatory courses and entrance exams.
https://youtu.be/XMG6xrnmJWg
Benefits provided to employees during training
Each employee undergoing training in various educational institutions is provided with a number of benefits guaranteed by the law of the Russian Federation. Such benefits include maintaining wages during the period of receiving education and exemption from fulfilling labor obligations for the period provided for by the training schedule. In addition, it should be noted that this category of persons has the right to receive compensation for travel expenses to an educational institution. In addition, some employees are provided with a flexible work schedule . Please note that these benefits may not be provided to employees in full.
Paid study leave is provided to employees receiving their first education in a specific department. In the case of receiving additional secondary specialized education and a second higher education, the decision to grant leave rests with the employer. This means that in some cases the employer has every right to refuse to provide an employee with additional days off. Employees are also given the right to take leave at their own expense to obtain a second education.
It is important to note that the above benefits are provided to employees who have their main place of work. This means that employees with flexible working hours or employees holding multiple positions cannot take advantage of study leave. Such benefits are provided only if the employer wishes.
It should also be said that paid study leave is provided to employees who do not have debts on the educational program. This information is contained in the call help. In addition, provision of additional time off to employees for training is carried out only if the educational institution has a state license. In other situations, the right to decide whether to grant time off rests with the head of the organization.
If an employee works part-time in an organization, regardless of whether they are external or internal, then he may be granted leave at his own expense
Help-call and procedure for applying for study leave
One student card is not enough to confirm your eligibility here, even if it is December or June. A letter of invitation from a university is the main proof that a person will take exams at a certain time. He provides it along with an application addressed to the director, written in free form.
The form can be found in Order of the Ministry of Education and Science No. 1368 dated December 19, 2013.
It is filled out at the university. The employer only needs to put his mark on the tear-off part.
Is study leave available for part-time study?
Additional time off work is not available to all employees pursuing part-time education. Rest from work for study purposes is issued to a working part-time student in accordance with the relevant rules of the Labor Code.
The duration of such leave for working citizens who are simultaneously receiving higher or secondary education while working is established in accordance with the norms of Articles 173-174 of Chapter 26 of the Labor Code.
The general procedure according to which an employee combining study and work is granted time off for training purposes is regulated by Article 177 of the Labor Code of the Russian Federation.
By contacting his employer, a part-time student can take paid leave if the following conditions (requirements) are simultaneously met:
- The education received by an employee by correspondence is secondary or higher. Accordingly, an educational institution providing such education services must have the status of a secondary or higher educational institution.
- Education of a specific level (secondary or higher) is the first for this employee. For the second education of an employee, student days off are provided if this opportunity is clearly provided for in the agreement concluded with the employer (personal, collective). Such an agreement specifies in detail the conditions and procedure for obtaining educational leave of this type for an employee.
- An educational institution that trains a working citizen by correspondence must have proper accreditation. The employer may request information about the availability of the necessary license from a given educational institution.
- The dynamics and indicators of an employee’s distance learning must be positive. In other words, this employee should not have any debt on studies (tests, exams) for past periods. Official confirmation of this fact is considered to be a summons certificate issued by an educational institution. Previous facts of granting study leave to a given citizen are proven by completed detachable parts of the summons certificate for the past semesters (this is also considered additional evidence of the absence of debts).
If all these conditions are met by a student studying by correspondence, he has the right to contact his employer to arrange days off for study.
If the study leave on the call-up certificate falls during the annual main period, the applicant may ask the employer to postpone the next vacation to another period.
A student studying by correspondence has the right to apply for study leave only at the main place of his official employment (Article 287 of the Labor Code of the Russian Federation).
Paid leave for training purposes is not provided to part-time employees.
Is the employer obligated to pay - payment terms
The above-mentioned provisions of Chapter 26 of the Labor Code of the Russian Federation determine when study leave is paid to an employee who combines distance learning with work activities. The same rules stipulate situations in which a vacation of this type is not subject to payment.
Articles 173-173.1 of the Labor Code of the Russian Federation stipulate the duration of educational leave - both paid and unpaid - for student employees receiving correspondence education at universities.
Article 174 of the Labor Code establishes the duration of study rest for working citizens receiving secondary vocational education by correspondence.
Receiving two educations simultaneously by an employee through distance learning allows him to arrange a vacation exclusively in one place of study. In this case, the vacationer independently chooses such a place (educational institution).
Payment for the second (and so on) correspondence training of a particular employee is made at the discretion of his employer.
The norms of the Labor Code of the Russian Federation do not define the corresponding grounds, but the employer has the right to stipulate such a possibility on his personal initiative or by agreement with the student employee.
The conditions and procedure for paying for such vacation may be provided for by the internal regulations of the organization or an individual labor agreement.
If we are talking about arranging for a correspondence employee a paid study holiday at the place of his official employment, then the duration of such a break will be determined by two parameters:
- The level of education received by the employee. This can be either secondary or higher education.
- The specific reason why the working individual requires the declared educational rest.
A part-time university student has the right to take paid study leave for each year for the following purposes (grounds):
- completion of the end-of-semester session in courses 1-2 – 40 days;
- completion of the end-of-semester session in the 3rd and subsequent courses – 50 days;
- passing the final state certification – 4 months.
A graduate student (trainee, resident) has the right to receive paid study leave for each year on the following grounds:
- during a given year – 30 days (plus travel time);
- defense of a candidate's scientific dissertation – 3 months;
- defense of a doctoral scientific dissertation – 6 months.
An employee’s receipt of secondary vocational correspondence education allows him to take paid educational leave for the following purposes during a given year:
- end-of-semester session for 1-2 courses – 30 days;
- end-of-semester session in 3rd and subsequent courses – 40 days;
- final exams – maximum 2 months.
Study leave for an employee studying by correspondence is provided and paid exclusively by one employer - only at the main place of employment. Working citizens who have two or more employers need to know this.
Calculation of payment for study leave.
The procedure for providing paid student days
The algorithm for applying for study leave for a part-time student at the official place of employment is as follows:
- A working citizen receives a summons certificate from his educational institution. This paper reflects the required duration and purpose of providing the declared time off.
- The summons certificate is sent to the employer along with a statement of appropriate content drawn up by the employee.
- Having received a summons certificate and application from the employee, the head of the organization draws up a corresponding order. It can be drawn up either according to a typical template or in a free (arbitrary) form.
- The employee's familiarization with this administrative act is confirmed by the signature of the applicant himself.
- Guided by the order to grant an employee vacation of a certain duration, the organization’s accountant calculates the amount of vacation pay due.
- In due time, vacation pay is transferred (issued) to the vacation employee.
- Information about the educational leave provided is recorded by the employer in the personal card of the working individual.
- The corresponding marks about the absence of the employee are put down by the employer in the time sheet. All days of paid study leave are designated as “Y” (or “11”). All days of unpaid educational rest are “UD” (or “13”).
Read more about granting study leave here.
How to apply for study leave for an employee
Based on the summons certificate, the personnel officer prepares, and the director signs the order in the T-6 form. There are several nuances here:
- You should select point B (since it is not the main one).
- In this case, there is no need to fill out the period of work, since everyone is entitled to a social guarantee, regardless of length of service.
- Such absence will not affect the main annual rest if wages are maintained.
It is the employer’s responsibility to issue such an order (and thereby release the person to study). An exception is only if the student is registered as a part-time student.
When an employer does not pay for study leave
The issue of payment worries not only part-time students, but also full-time students. Full-time students do not have the right to legal compensation for wages during study leave. However, the employer, at its discretion, can encourage them.
But the employer is obliged to provide leave to a full-time student if:
- the session lasts no longer than 15 days a year;
- state exams last no longer than 1 month;
- Preparation for the defense of the diploma takes no more than 4 months.
If an applicant (who is not yet studying) wants to take a study leave, the employer is obliged to allocate 15 days for admission to pass the entrance exams. Leave is provided without pay.
How is study leave paid at work?
The student employee retains his average daily earnings. Its size should be calculated in accordance with the requirements of paragraph 14 of Government Decree No. 922 of December 24, 2007. They assume the inclusion of all calendar days specified in the call certificate. Non-working holidays are no exception.
The terms of payment for study leave according to the Labor Code of the Russian Federation are strictly regulated - three days before the student temporarily leaves the place of work. All days of absence of the employee are paid at a time, even if the session lasts more than a month. However, if he brings the supporting document the day before the exam, the employer will not become a violator.
Help-call
Form T-6
What the Labor Code says
The term “study leave” should be understood as a period of time provided to employees who are undergoing training in educational institutions. It is important to note that this leave can be paid by the employer, but for this it is necessary to meet a number of strict criteria, which we will discuss below.
Today there are two main types of study leave:
- Standard leave - the employee is absent from the employer’s territory for a certain period of time (the basis for such leave is legal acts and student documentation).
- Shortened working day - during the educational process, the employer adjusts the employee’s schedule in accordance with his needs (it is possible to shorten the working day by several hours or the working week by up to 4 days).
Articles 173–176 of the Labor Code of the Russian Federation regulate the process of granting study leave. It is important to note that such leaves are provided not only to those employees who use full-time education, but also to “correspondence” students, as well as evening school students.
According to the established rules, the employer is obliged to provide study leave to an employee undergoing training at a general education evening school, higher educational institutions and educational institutions providing secondary specialized education.
