Sabbatical leave for teachers - procedure for granting

For some reason, many employers think that sabbatical leave applies exclusively to employees of scientific organizations or educational institutions. However, this is far from true, because any person who has the appropriate education has the right to defend a dissertation, write a book or scientific work. But only certain categories of employees of educational organizations, listed in the Order of the Ministry of Education and Science, have the right to long-term (up to one year) absence from work. But let’s deal with all the concepts and legal norms in order.

Legislative norms

Possibility of sabbatical leave for:

• completion of the dissertation;
• writing a textbook (book);
• writing a scientific paper

have people associated with science. This opportunity is given to them by Article 335 of the Labor Code of the Russian Federation, as well as Article 47 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”. In addition, as mentioned above, the list of persons employed in organizations conducting educational activities is enshrined in Order of the Ministry of Education and Science of Russia No. 644 dated May 31, 2016. In fact, this period cannot be called a vacation in its usual sense, because it is assumed that the person will not rest. On the contrary, after the end of the time given to him, he will have to provide the result of his work. In addition, he will have to provide the employer with a report on the work done.

Legislation

The conditions for granting sabbatical leave to teaching staff, as well as people of science, are listed in the following regulations:

• Labor Code (Article 335);
• Federal Law-273 “On Education” (Article 47).

In fact, we are not talking about rest in its usual sense, because a person must devote the allocated time to work - finish and defend a dissertation, prepare a series of scientific articles, publish a monograph, develop new teaching aids, etc.

Important! After the expiration of the allotted time, you must provide the fruits of the research work and a special report to your employer.

The provisions of an employment contract, which often stipulate:

• duration of rest (but not more than a year established by law);
• regularity of provision (but not more than once every 10 years; with the exception of teaching staff engaged in research work with the publication of scientific articles - they are granted leave once every 5 years);
• splitting the holiday into parts;
• possibility of extension due to illness;
• merging with the annual main holiday;
• registration rules for part-time workers;
• payment principle, if different from those established in federal and regional regulations;
• other points not reflected in the legislation.

Determining the length of service required for a sabbatical leave

It is easy to determine whether an employee can go on sabbatical leave if he has worked for 10 or more years in the same organization. But most citizens change their place of work. And by the time they need to engage in scientific activity, they have more than one organization or institution behind them. Therefore, to understand whether it is possible to let an employee go to work on creativity, the employer must carefully study his track record. Data can be obtained from the work book. All the time that a person actually worked in the teaching field, periods of work in different organizations and institutions must be taken into account, but only if the break in work activity when moving to another organization did not exceed 3 months (clause 4.1 of the Procedure approved by the Order of the Ministry of Education and Science dated May 31, 2016 No. 644).

But if a person has a break in work due to the birth of a child and being on leave to care for him before reaching the age of 3 years, then the entire period of such maternity leave is included in the period of continuous teaching work. But only on the condition that the teacher was employed in his specialty at that time and his place (position) was retained.

Separately, it is necessary to consider the situation of industrial practice in the specialty after graduation. If the break between graduation and entry into a teaching position on the basis of an employment contract as a practical training does not exceed 1 month, then it is also taken into account in the continuous length of service to determine the right to receive a creative period (clause 4.3 of the Procedure approved by the Order of the Ministry of Education and Science dated May 31, 2016 No. 644).

Guarantees for employees during vacation and its duration

A teacher who has received maintenance for a period agreed with management is guaranteed to retain:

1. Previous place of work and previously held position.
2. Amount of hours of academic work (teaching load). This point is guaranteed only when during the maintenance hours according to programs, schedules and plans remained unchanged, and the number of students did not decrease.

Not allowed during maintenance:

1. Transfer of an employee to another area of ​​work.
2. Dismissal if the initiative comes from the manager.

An employee can leave on his own or due to the liquidation of the institution. Then all his colleagues will be forced to change jobs.

How to register correctly

In order to get the opportunity to write a scientific paper or book, a teacher must write an application addressed to his supervisor. It is best to do this in advance, back in December of the year preceding the expected absence from work, before drawing up a vacation schedule. This will make it easier for the employer to find a replacement and draw up a plan for teaching hours and the employment of other teachers. The procedure for submitting applications for creative rest is best enshrined in the collective agreement, and also stated in the employment contracts of employees.

The employer must consider the application together with the trade union body within 15 days from the date of receipt. There is a right to refuse. If it is not yet possible to replace an employee, then he may be denied creative time to do science. If it is decided to provide time for creativity, the organization issues a corresponding order, and then puts in order the remaining documents related to a person’s long absence from work.

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If time for doing science is needed not by an ordinary teacher, but by a school director or university rector, then the registration procedure remains the same, only the territorial department of the Ministry of Education of the Russian Federation acts as the employer, where the application must be sent.

Term and employer guarantees

The maximum duration of a sabbatical leave, by virtue of the Labor Code of the Russian Federation, is one year. During this period, the employer must maintain:

• place of work occupied by the vacationer;
• position held;
• volume of study load after leaving vacation.

The management of the institution has the right to transfer or dismiss an employee on sabbatical leave only in connection with the liquidation of the entire organization or structural unit where the teacher is employed.

As for payment, during such a break in work the employee remains without salary, unless, of course, the employer takes the initiative and establishes the payment procedure for such a period in a local regulation, for example, in a collective agreement. After all, the Labor Code allows you to pay nothing during this time.

Question answer

• Is sabbatical leave included in teaching experience?

Yes, it is included, but it is not taken into account for early (preferential) retirement.

• Does the vacationer retain his job?

Yes, both the workplace and position are preserved. Moreover, after leaving, the teacher should receive no less workload.

• When are vacation periods shorter?

Not everyone is entitled to annual leave. Postgraduate students and those writing a candidate's dissertation are given only 3 months, and for writing a doctoral dissertation - six months. In the Labor Code, such leave is called educational leave. Future candidates and doctors of science are allocated time not for writing a paper, as many mistakenly believe, but for preparing for a defense.

• Is sabbatical leave paid?

Teachers are not paid for sabbatical leave by law, but the school principal may seek opportunities to financially support the teacher. You can pay for your vacation from funds earned by the educational institution for the provision of additional educational services.

Important! Study leave for writing and defending a dissertation is paid.

• Can I get fired during a sabbatical?

No, the law prohibits this. An exception is the liquidation of an organization or division.

• Is sabbatical leave taken into account when calculating maternity benefits?

Yes, rest time is included in the calculation.

Teaching staff of both private and public educational institutions of secondary and higher levels have the right to receive sabbatical leave to write a dissertation or other scientific activity.

Another sabbatical

Article 173.1 of the Labor Code of the Russian Federation also provides for the provision of time free from work for writing scientific papers and dissertations. Its duration depends on what academic degree the applicant has and what scientific work he will do:

• graduate students and adjuncts receiving education are entitled to 3 months;
• persons who write a candidate's dissertation are also entitled to 3 months;
• 6 months are given to write a doctoral dissertation.

True, according to the norms of the Labor Code of the Russian Federation, such leave is not called creative, but educational. But this does not change the essence.

Guarantees for employees during the rest period

Common to all categories of workers who are entitled to various types of sabbatical leave will be a guarantee of maintaining their job for the entire period.

This applies to both long-term vacations of teaching staff, as well as educational leaves and preparation for defending dissertations. In addition, sabbatical leave is included in the total length of service.

For teachers, payment for a year's vacation is not provided for by law. But it may be provided for by a collective agreement.

The source of payments in this case will not be budget money, but funds earned by the educational institution itself from providing additional educational and educational services.

Study leave intended to defend a dissertation or study in graduate school is paid.

According to Art. 173.1 of the Labor Code of the Russian Federation, employees retain their average earnings during this time. Local acts may supplement this amount.

How many days of paid vacation are required per year? See here.

Summary

• Will my teaching experience be interrupted if I take a sabbatical leave for a teacher for a period of 1 year?
• Are teachers paid for a year's sabbatical?
• Is it possible for a teacher to work part-time during a sabbatical?
• Is sabbatical leave valid for a teacher if he is recalled to work?
• Teachers' leave from school
• Maternity leave for a teacher
• Sabbatical
• Teachers' leave
• Speech therapist teacher's leave

Questions

1. Will my teaching experience be interrupted if I take a sabbatical leave for a teacher for a period of 1 year?

1.1. Hello, yes, it is interrupted, since the teaching experience includes only those years in which you worked in fine arts and paid contributions to the Pension Fund for you. Thank you for your contact to our website, good luck to you and all the best.

2. Is sabbatical leave paid for a year for teachers?

2.1. Order of the Ministry of Education and Science of Russia dated May 31, 2020 N 644 (registered with the Ministry of Justice of the Russian Federation on June 15, 2020 Registration N 42532) approved a new Procedure for granting teaching staff of organizations engaged in educational activities long-term leave for a period of up to one year. The basis for granting a teaching employee a long leave is his application. The provision of long-term leave is formalized by an administrative act of the organization. Payment for long-term vacations is carried out at the expense of funds received by the organization from income-generating activities, in the manner established by the collective agreement. The duration of long-term leave, the order in which it is granted, its division into parts, extension on the basis of a certificate of incapacity for work during the period of long-term leave, the addition of long-term leave to the annual main paid leave, the provision of long-term leave to part-time workers, payment from funds received by the organization from income-generating activities, and other issues not provided for by the Procedure, are determined by the collective agreement.

3. Is it possible for a teacher to work part-time during a sabbatical?

3.1. Yes, you can earn extra money. The law does not prohibit it.

4. Is sabbatical leave valid for a teacher if he is recalled to work?

4.1. Is sabbatical leave valid for a teacher if he is recalled to work? -Of course not

5. Is sick leave paid for a teacher on long-term sabbatical leave?

Yes it is paid. Without a doubt.

6. Worked as a school teacher for 13 years, transferred to an educational institution of additional education for two years. Am I eligible to take a sabbatical for a year?

6.1. Dear Elena, this depends on the name of your position in an educational institution of further education. If you have not interrupted your work experience and the position is specified in the Decree of the Government of the Russian Federation dated 08.08.2013 N 678 “On approval of the nomenclature of positions for teaching staff of organizations engaged in educational activities, positions of heads of educational organizations,” then you have the right to take a long vacation for a year.

Article 335. Long-term leave of teaching staff (as amended by Federal Law dated July 2, 2013 N 185-FZ)

Pedagogical workers of an organization carrying out educational activities, at least every 10 years of continuous teaching work, have the right to long leave for a period of up to one year, the procedure and conditions for the provision of which are determined in the manner established by the federal executive body exercising the functions of developing state policy and legal regulation in the field of education.

7. Can I take a sabbatical in the middle of the school year and how soon should my application for sabbatical leave be granted (I am retired, but I work at a school as a deputy director and teacher)

7.1. You can take a sabbatical leave after continuous teaching experience reaches 10 years. The educational institution's collective agreement should address issues such as mid-year leave and how soon a sabbatical request must be granted.

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8. I work as a teacher at school, I want to take a sabbatical leave, will benefits for utilities continue?

8.1. Unless otherwise specifically stipulated by those who provide such benefits, they remain; during the specified period, the teacher is still in an employment relationship, at his main place of work, in the same teaching position.

9. I work as a teacher at school, I want to take a sabbatical year, can I get a job in another city if I am already retired, no experience is needed.

9.1. You have the right to use your vacation at your own discretion, there is no prohibition and no regulation in the Labor Code of the Russian Federation prohibiting the use of your right to work, on the contrary, this is your constitutional right, the right to work and rest, which you exercise according to your capabilities and education.

10. I have been working as a school teacher for 24 years. Does the director have the right to refuse me a sabbatical leave?

10.1. Theoretically, yes, if there is no specified continuity.

Article 335 of the Labor Code of the Russian Federation. Long-term vacation of teaching staff Teaching staff of an organization carrying out educational activities, at least every 10 years of continuous teaching work

have the right to long leave for up to one year,

Who and on the basis of what law allows taking?

The right to rest is guaranteed to all citizens by the basic law - the Constitution. If we are talking about vacation, that is, rest time, then this is the scope of regulation of the Labor Code.

The service time of military personnel and employees of internal affairs bodies is regulated by special laws. And only in the part where there are no direct instructions for such a law, the provisions of the Labor Code are used, as the main law governing labor relations.

The types, duration and procedure for granting vacations to employees, including teaching staff, are regulated by Labor legislation.

The Labor Code contains rules relating to educational leave (Article 173.1 of the Labor Code of the Russian Federation) and long-term leaves for teaching staff (Article 335 of the Labor Code of the Russian Federation).

In addition to this document, there are by-laws that specify the articles of the law and regulate the mechanism for granting leave, the implementation of certain guarantees, etc.

Among them, it is worth highlighting the orders of the Ministry of Education and Science, since the provisions on sabbatical leaves apply specifically to teaching staff and students of higher education.

Local legal acts

In labor relations, not only legislative regulation plays an important role, but also local acts of the organization.

The law allows employers and their employees to establish a number of rules and working conditions that expand and complement the provisions of the law. This fully applies to granting sabbatical leave.

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The collective agreement of an educational institution should address issues such as:

• duration of sabbatical leave (no more than a year);
• the priority of its provision (but not less than once every 10 years);
• dividing such leave into parts;
• possibility of extension in case of illness;
• adding sabbatical leave to the annual main leave;
• the possibility of obtaining long-term leave for part-time workers;
• payment, in cases where it is not required by law;
• other issues not regulated by law.

Collective agreement at the university

One year leave for teaching staff

According to federal regulations, they can refuse for each specific period, and not refuse at all, which cannot be done (the right to do so is guaranteed by law) - see p. G. Moscow on leaves of absence for employees of educational institutions and teaching staff of other institutions, enterprises and organizations In accordance with Article 55 of the Law of the Russian Federation “On Education” (Vedomosti of the Congress of People's Deputies of the Russian Federation and the Supreme Council of the Russian Federation, 1992, No. 30, Art.

1791) and in order to streamline the provision of leaves to teaching staff, the Government of the Russian Federation decides: To establish annual extended paid leaves for employees of educational institutions and teaching staff of other institutions, enterprises and organizations in accordance with the attached List. Resolution of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of July 1, 1933. Long-term leave of teaching staff is mentioned in Art.

1. In what cases is a one-year period granted after 10 years of teaching experience? 2.Can the principal refuse to grant a year to a teacher?

3.How to fill out an application for a one-year period?

4.How will this leave be paid? Such a teacher can be provided at any time, provided that this does not negatively affect the activities of the educational institution.

Article 335 of the Labor Code of the Russian Federation

Long-term leave may be granted to a teaching employee at any time, provided that this does not adversely affect the activities of the educational institution.

rector, director, head of an educational institution, head of an educational institution; vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process; director, head of a branch of an educational institution; head of a branch of an educational institution; educational facility manager; dean, deputy dean of the faculty; head, deputy head of the department, doctoral studies, postgraduate studies, department, sector; head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution; scientific secretary of the academic council; manager (manager) of production practice; teacher-organizer, senior counselor; physical education instructor. 8.

Sample application for annual leave for teaching staff

List of positions in which work is counted towards the length of continuous teaching work, regardless of the volume of teaching work: teacher - organizer (basics of life safety, pre-conscription training) teacher of additional education head of physical education master of industrial training senior trainer - teacher 2. List of positions in which work is counted towards the length of continuous teaching work under certain conditions: rector, director, head of an educational institution, head of an educational institution; vice-rector, deputy director, deputy head of an educational institution, deputy head of an educational institution, whose activities are related to the educational process; director, head of a branch of an educational institution; head of a branch of an educational institution; educational facility manager; dean, deputy dean of the faculty; head, deputy head of the department, doctoral studies, postgraduate studies, department, sector; head, deputy head of an office, laboratory, department, educational and consulting center, speech therapy center, boarding school at a general education institution; scientific secretary of the academic council; manager (manager) of production practice; at least 150 hours - in institutions of higher professional education and corresponding additional professional education (advanced training) for specialists; at least 240 hours - in institutions of primary and secondary vocational education and relevant additional education; at least 6 hours a week in general education and other educational institutions.

As for the time spent on maternity leave, then 5.

Teachers are entitled to a year's leave

The new rules clarify that this right applies to employees filling positions named in Section I of the nomenclature of teaching positions (approved.

Decree of the Government of the Russian Federation dated 08.08.2013 N 678).

Long-term leave is granted to a teaching employee on the basis of his application and is formalized by an administrative act of the organization. As before, when granting leave, in particular, the time actually worked is taken into account. It is clarified that such periods are summed up if the duration of the break between dismissal and entry to work is no more than 3 months.

During a long vacation, it is not allowed to transfer a teaching employee to another job, as well as to dismiss him at the initiative of the employer, with the exception of the liquidation of the organization. The previous order was declared invalid.

Registered with the Ministry of Justice of the Russian Federation on June 15, 2020.

Application and procedure for submission

The following grounds for granting sabbatical leave are provided for employees of various organizations:

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A long break in activity should not adversely affect the progress of the organization.

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While using sabbatical leave, an employee of an educational institution must retain:

• place of work;
• volume of teaching load.
• position held;

Keep in mind: the only exception may be a general reduction in the number of teaching hours due to the introduction of new educational programs or a change in the number of students.

The essence of the terms

Employees of educational institutions can take advantage of special extended leave. The duration of such rest is fully regulated by regulations of the Government of the Russian Federation. Depending on the type of organization and position of the teacher, the established periods of rest can reach 56 days. Among other things, in the presence of special circumstances, the interested person can take out a sabbatical leave for a period of up to 12 months inclusive.

Teachers whose continuous working experience is more than 10 years can take advantage of this opportunity. It is worth noting that repeated use of sabbatical leave will become possible only after the expiration of the next 10 years of work activity directly related to the educational process.

Sabbatical leave is regulated both by Article 335 of the current Labor Code and by Federal Law on Education No. 273. To arrange such leave, a teacher only needs to submit an application to his employer.

Providing sabbatical leave

Creative rest (CR) is one of the forms of long vacation.

Sabbatical leave is governed by the following laws:

• Article 336 of the Labor Code of the Russian Federation.
• Law on educational services No. 273 of December 29, 2012.
• By Order of the Ministry of Education and Science No. 644 of May 31, 2020.

The duration of rest is determined by the Government of the Russian Federation and the head of the enterprise.

An employee can exercise his right to technical support only if this does not contradict the interests of the educational institution. TO can be divided into 2 parts.

The time between the end of the first part and the beginning of the second part of the vacation should be no more than a year.

The duration of each part of the maintenance should be no more than 6 months. During the sabbatical period, employees retain the following:

• place of employment;
• position held;
• same workload.

The employer does not have the right to dismiss a vacationing employee or transfer him to another position.

An exception is the liquidation of an institution.

When determining the length of experience, the time worked in various organizations as a teacher is taken into account.

Continuous service includes the following periods: The provisions can be secured through a collective agreement or other regulatory documents. Accepted requirements may be reflected in documents in different ways.

Let's consider an example: The nuances of registering a sabbatical leave should be set out in the internal regulations of the institution.

However, we can highlight an approximate design scheme:

Calculation of payments

Calculation of payments for employees going on sabbatical leave is carried out according to the same scheme as when calculating regular vacation pay - with the calculation of average earnings. That is, in accordance with the provisions of Art. 139 Labor Code of the Russian Federation.

If the vacation is issued without retaining pay, then there is no need for calculations.

Payment is calculated based on average earnings for educational leave of graduate students and adjuncts, as well as for leave to prepare for the defense of a dissertation, doctoral or candidate's thesis.

To do this, you will need data on all amounts accrued to the employee for the previous year.

Sample application for annual leave for teaching staff

The provision of long-term leave is formalized by order of the head of the educational institution. 3.3. While a teaching worker is on long-term leave, the head of the institution has the right to hire another specialist in his place by concluding a fixed-term employment contract with him.

3.4. When granting long leave, the following circumstances are taken into account: - the employee’s health condition; — personal and family circumstances of the employee; — opportunities of the educational institution; — the need to implement the educational process. 3.6. The schedule of long-term vacations is agreed upon with the founder of the educational institution no later than [period] before its start.

If his position is replaced by another employee hired under a fixed-term employment contract, the issue of terminating the employee’s long-term leave is resolved with the consent of the temporary employee to the early termination of the fixed-term employment contract.

The power of a collective agreement

In accordance with the Order of the Ministry of Education and Science, the resolution of a large number of issues related to the provision of long leaves to teaching staff is left to the educational institutions themselves. Moreover, as indicated in the text of the Procedure, they should be regulated by a collective agreement (clause 5 of the Procedure, approved by Order of the Ministry of Education and Science of Russia dated May 31, 2016 No. 644). Although, in essence, a local regulatory act or an employment contract itself could also be suitable. Be that as it may, the document must define:

• duration of vacation (necessarily within a year);
• priority of provision;
• the possibility of dividing the vacation into parts;
• extension of leave due to employee illness on the basis of a certificate of incapacity for work;
• the possibility of adding sabbatical leave to the employee’s annual main paid leave;
• providing long-term leave to part-time workers;
• payment for vacation from funds received by the organization from income-generating activities;
• other issues not regulated by the above Procedure.

What is a sabbatical?

335 Labor Code of the Russian Federation. Its duration can be up to a year, and you can take it after continuous teaching experience reaches 10 years.

Leave is granted at the request of the teacher or educator addressed to the director of the educational institution. The director, rector or head of the educational institution himself can also exercise his right to a long rest.

But he submits the application to the Ministry of Education. The experience required for leave can be gained in various educational institutions, including private ones, but only if the latter have state accreditation.

Postgraduate students and adjuncts receiving education via correspondence are no longer entitled to a creative leave, but a study leave.

During training, it is 30 days annually (Article 173.1 of the Labor Code of the Russian Federation). They are provided in addition to annual leave.

What it is?

As a rule, several concepts are combined under sabbatical leave:

• long leave of teaching staff;
• study leave to prepare a final qualifying thesis;
• additional leave to prepare for the defense of a candidate’s or doctoral dissertation.

All these vacations will be additional to the main annual one, but differ from it in longer duration and are provided on the basis of different regulations.

Let's consider who and why has the right to rest longer than others.