Sick leave during study leave: how to pay?

As you know, if an employee of an enterprise also manages to study at a secondary school or university, the employer, if the employee fulfills the conditions established by law, is obliged to provide him with study leave. No one is insured against possible diseases, poisonings and injuries, and therefore an employee can get sick during his student leave. And here a number of questions arise regarding the duration of sick leave, the possibility of extending leave, and payment for the period of incapacity for work. Let's find out whether it is paid and how to apply for sick leave during study leave.

Basic provisions on study leave

If an employee of an enterprise simultaneously works and studies at a secondary school or university, the employer must give him the opportunity to take extraordinary (educational, student) leave. But the employee must notify the manager in time and provide him with some documents, otherwise the leave will not be issued.

The main document in this case is a summons from the educational institution, in which the employer is notified of the start of the session and the date of its completion, as well as the need for his employee to appear for exams. The employer is required to pay for the period of time during which the session will last. In rare cases, student leave is paid in the amount of average earnings. Then the average income is calculated in the same way as in the case of paying annual leave.

Sick leave during study leave

No one is immune from illness, and therefore an employee can get sick, poisoned or injured during study leave. In this case, he will have to go to the clinic to obtain a sick leave certificate, but he should not count on paying for it. The period of incapacity for work that occurred during student leave will not be compensated - this is what the law says.

Despite the fact that a certificate of incapacity for work received during study leave will not be paid, it must be issued - otherwise the employee will deprive himself of the opportunity to extend his leave due to illness.

Sick leave benefits are not accrued to an ill employee and cannot be paid, since current legislation prohibits the payment of several benefits at the same time. If sick leave were subject to payment, the employee would immediately receive both vacation pay (since during study leave the salary is retained partially or in full) and compensation for the period of incapacity for work, which is contrary to the norms of the Labor Code of the Russian Federation.

Is benefits paid on a certificate of incapacity for work?

Study leave is a break from work for educational purposes. In some cases, such days off are paid based on the average salary, while in others, the release from work is provided at one’s own expense.

If study leave and sick leave coincide, payment of benefits is not made during this period. If the bulletin was opened at the time of leave, and closed already during working hours, then the employer is obliged to pay for sick days after the end of the leave. Temporary disability benefits are not accrued if wages for the period in question are fully or partially retained.

Rules for registering sick leave

If an employee falls ill during a break from work for educational purposes, he must open the newsletter. The completed form is valid only if it is issued by an organization with a license for medical activities. No documents are required for registration except a passport. The opening date is considered the day you contact the doctor.

If the doctor makes a mistake when filling out the form, you will have to return to the clinic for a new form, because the entries cannot be corrected. Errors made by the employer are subject to correction, which is certified by signature and seal

Is study leave extended during sick leave?

As you know, the main paid leave will be extended if a subordinate falls ill during a vacation and issues a sick leave. Study leave is not automatically extended, but there is a chance to make it longer. The employee does not have the right to simply ask the employer to increase the student leave, but he can ask the administration of the educational institution to extend it. You need to have with you:

• a statement drawn up in any form and reflecting the essence of the request;
• A genuine and well-executed sick leave certificate.

The dean's office will accept the documents and issue a new summons certificate indicating other dates for the start and end of study leave. With this document it will be possible to contact the employer, who is obliged to re-register for a longer vacation. But sick leave is still not payable.

Is it paid or not?

How the employer will pay for sick leave that falls during the period of release from work in connection with education depends on the duration of the employee’s illness.

• If the period of treatment coincides entirely with the time of interruption from work due to study, then it is not subject to compensation.
• If the employee is still unable to work at the end of the student leave, the employer pays part of the sick leave after its end.

If it falls entirely within the period of study

Additional leave related to obtaining education refers to periods for which temporary disability benefits are not awarded.

Sick leave issued at this time will not be paid (clause 1, clause 1, article 9 of the Federal Law “On compulsory social insurance in case of temporary disability and in connection with maternity” No. 255-FZ of December 29, 2006).

If an employee continues to be ill after

If the sick leave is open during the period of additional leave, and closed after its end, the employer is obliged to pay compensation for days of incapacity for work after the end of the study leave. The law does not provide for automatic extension or transfer of days.

However, the employee can contact the management of the educational institution with a request to postpone the certification period for medical reasons and receive a new summons certificate. In fact, this will oblige the employer to provide another unscheduled student leave with the preservation of average monthly earnings or part thereof, if this is provided for by law, collective or labor agreement.

How to request a new call-in certificate due to illness in order to reschedule exams?

If an employee falls ill during a break from work related to receiving education, he can contact the educational institution with an application for an extension of student leave due to illness. The educational institution will issue a new challenge certificate indicating the start and end dates of the certification period. However, its total duration will remain unchanged.

The call certificate is sent to the HR department. On its basis, the employee receives the right to be granted the remainder of the student leave. In this case, the educational institution provides the student with academic leave for medical reasons (clauses 2.4 of Order of the Ministry of Education of the Russian Federation No. 455 of June 13, 2013).

To apply to an educational institution, you will need to provide an application from the student in any form, as well as a properly completed certificate of incapacity for work.

What will happen to monetary compensation in this case?

If there is a certificate of summons from an educational institution, the employee is granted time off for studies on the usual basis.

If the period of release from work for educational reasons implies the preservation of average monthly earnings or part thereof, the employer is obliged to transfer monetary compensation in the prescribed manner. The law does not provide for any other monetary payments in this case.

Does sick leave during study leave affect the duration of the vacation?

Additional leave taken at one's own expense is not extended due to an employee's illness, just as the main annual leave is not extended due to receipt of a special certificate of incapacity for work to care for a sick child or relative.

Study leave, although not the main one, cannot be called additional, since the employer pays for it. Therefore, the law does not oblige employers to extend student leave due to the onset of a period of incapacity automatically, like annual leave. But when an employee presents a summons certificate taken from the university, which contains information about the extension of leave, the manager is obliged to increase its duration.

Questions are sometimes raised by the accounting procedure and payment of holidays that took place during the period of study leave. Please note that:

• holidays must be paid;
• Holidays do not increase the length of student leave.

How does sick leave affect the duration of vacation and how can it be extended?

The employer is not obliged to extend the break in work due to the temporary incapacity of the employee during this period on the basis of a certificate of incapacity for work. However, the director of the enterprise is obliged to respond accordingly to a summons certificate from an educational institution, which may be the basis for extending time off for educational purposes.

So, the answer to the question of whether vacation is extended if sick leave during study leave prevented you from passing the exam is ambiguous. It’s definitely not worth taking the newsletter to the HR department for this purpose. You should contact the educational institution with the completed form. There, the student should be given an additional opportunity to pass the session by setting new dates. To do this, the educational institution issues a new challenge certificate.

The employee provides a certificate to his employer, who is now obliged to provide additional time off while maintaining his job. Extension of study leave due to sick leave is possible only in this way.

If the boss refuses to give additional time off taking into account the data specified in the call, he is violating labor laws. In this case, the employee has every reason to go to court to defend his rights. The renewal period must be based on the dates indicated in the certificate.

If the student passes the session, the educational institution will not issue a new challenge. In this case, the answer to the question of whether study leave is extended during sick leave is definitely negative. Also, if holidays occur during the period of illness during release from work, although they are subject to payment, they do not increase the period of release from work.

Legislative acts on the topic

How is it paid?

A sick leave certificate is issued to an employee in the event of illness, injury, treatment and is issued after a visit to a medical specialist. The document is issued only by a doctor and serves as the basis for the accrual of disability benefits at the place of work. This social benefit represents compensation for the inability to work and provide for oneself independently.

The benefit is paid for all days in accordance with the sick leave. At the same time, clause 1 of Article 9 of Law 255-FZ provides for a number of restrictions on payment. In particular, the first subparagraph states that disability is not paid when the sick person is in a period of release from work with or without earnings in accordance with the law. The only exception to this rule is annual work rest.

Study leave is a break from work for educational purposes - passing exams, state finals, diplomas, dissertations. Depending on the conditions, type of education, and form of training, the employee may be paid an average salary for the entire weekend. In some cases, student leave is provided without pay.

For more information about when study leave is paid and when it is not, read this article.

Important! Exemption from work in connection with training with or without maintaining earnings falls under the rules of paragraph 1, paragraph 1, article 9 of Law 255-FZ, therefore sick leave benefits are not paid during study leave.

This rule applies to both those certificates of incapacity for work that are issued in connection with the illness of the employee himself, and those issued in connection with caring for a child or other close relative.

If the sick leave is open while on study leave, and closed after its end, then the employer is obliged to pay for those days of incapacity for work that occurred after the end of the student leave.

Example of payment for sick leave

Conditions:

Employee Sokolov P.P. submitted to the HR department an application for leave in connection with studies for the period from January 25, 2020 to January 22, 2019 for 30 calendar days to pass the intermediate session.

For all 30 school days off, Sokolov was paid vacation pay in the amount of his average salary.

Sokolov returned to work on January 25, 2020, providing sick leave, opened on January 15, 2019 and closed on January 24, 2019.

How many days in advance should Sokolov's allowance be paid?

Disability that occurs during vacation is not paid, therefore, no benefits are accrued for the period from 01/15/2019 to 01/22/2019. For the remaining days on the sheet - from 01/23/2019 to 01/24/2019, you need to calculate the sick pay and issue it to the employee.

Is the holiday extended?

Illness during the annual work holiday allows you to compensate for days spent on treatment by postponing the time of going back to work to a later date. Is a similar action possible in relation to leave granted for study?

Important! Not a single paragraph of labor legislation contains provisions or grounds that allow extending the time spent on study leave. Therefore, the fact that you are on sick leave is also not a basis for an extension.

Student leave is of a targeted nature and is provided strictly in accordance with the summons certificate. Its duration is determined by a certificate from the educational institution - the time period that is necessary and sufficient to pass a certain certification stage is indicated. Read about the rules and conditions for providing student days off here.

Read more: Documents confirming payment of the authorized capital of LLC

Extending or postponing this period to another time, even in the event of incapacity for work, does not make sense, since it is possible to pass an exam, defend a diploma or other work only within the period indicated in the call. That is why the legislation does not provide for the possibility of changing the end date of study leave for any reason. It does not matter whether school days off are paid or not.

Sick leave opened during the period of release from work in connection with training does not in any way affect the payment procedure or the timing of the provision of educational days off. Time of incapacity for work is not subject to payment for days falling within this period, and the vacation itself cannot be extended or transferred to another date.

The article describes typical situations. To solve your problem , write to our consultant or call for free:

+7 (499) 490-27-62 — Moscow — CALL

+7 — St. Petersburg — CALL

+8 ext.849 — Other regions — CALL

Study leave is a break from work in connection with obtaining education. It is necessary for passing exams, defending a thesis or dissertation.

Additional leave for education can be paid or without compensation (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation). If, during release due to study, an employee falls ill or is injured, it is necessary to issue a certificate of temporary incapacity for work.

The employer is not obliged to pay for it, however, sick leave will be required to reschedule a session at an educational institution and issue a new summons certificate.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Common mistakes

Error: An employee of an enterprise demands payment for sick leave that was received while on study leave.

Comment: The period of incapacity for work is not paid if it occurs during study leave.

Error: An employee demands that the employer extend his study leave on the grounds that he has been issued sick leave.

Comment: Study leave cannot be extended by the employer on the basis of the provided sick leave, but its period can be increased on the basis of a new call certificate issued at the university indicating new dates for the session for the sick employee.

Answers to common questions about sick leave during study leave

Question No. 1: Can an employer not pay for study leave if an employee forgot to provide him with the tear-off part of the second call-up certificate, which was issued to extend leave due to sick leave?

Answer: No, an employer cannot deprive an employee of vacation pay on this basis.

Question No. 2: If an employee passed the exam early, can the employer deduct from his salary vacation pay that was paid for the days of study leave that the employee did not use to take the exams?

Answer: No, early completion of the session is not grounds for withholding overpaid vacation benefits.
Rate the quality of the article. Your opinion is important to us: