Rules for writing an application for study leave + sample for downloading

An application for study leave with pay is a written request from a student employee to provide him with the opportunity not to perform work functions during the examination period without loss of income. The employer will decide whether to satisfy or not satisfy the request, based on the provisions of the law.

Often students are forced to work part-time at the same time. And sometimes, on the contrary, permanent employees of organizations go to get an education. And the employer should be prepared for the fact that twice a year such team members will ask for time off for the session. We will tell you how the document should be drawn up correctly, look at a sample application for study leave and explain what a working student has the right to.

Duration of vacation

The maximum duration of study leave reaches 2.5 months and depends on where the student is studying and in what form: full-time or part-time.

So, for example, for state exams when receiving secondary vocational education, a student will be given no more than 1 month. Final exams in evening school – up to 22 days. Students of higher educational institutions (universities, master's programs) can write an application for study leave of up to 50 days to study or take exams.

During the period of his training, a company employee cannot change his working conditions and workplace, nor can he be fired. The exception is the complete liquidation of the organization.

What is the difference between study leave and annual leave?

Annual main leave and study leave are completely different periods, provided independently without connection with each other. Taking educational leave in the current working year does not deprive the employee of the right to basic annual leave.

We invite you to read: How you can break down your vacation according to the Labor Code

Payment and its exceptions

Study leave is paid. The calculation is made from the employee’s average monthly earnings for the year for all days of absence from the session, including holidays.

Exceptions (the employer is obliged to give leave, but is not obliged to pay for it):

1. Students of private higher educational institutions, as well as those who receive a second professional education (this includes bachelor's and master's degrees).
2. Employees working in an organization on a part-time basis.
3. If an employee simultaneously receives two degrees. He must choose which educational institution he will take exams in during his study leave.

Can an employer refuse

Despite the fact that a student has the right to ask for release from work for the duration of the session, he may be deprived of this right:

• if the university does not have state accreditation;
• if the student is not receiving his first education;
• if he studies at two universities in parallel and has already been absent due to a session in one of them;
• if his place of work is not his main one.

But even if the employer allowed you to take the exams, this does not mean that he will definitely pay for the employee’s absence. An application for paid educational leave is submitted in advance, and you receive the salary amount based on the results of the session. The Labor Code of the Russian Federation sets a condition for its successful completion. That is, poor students cannot count on money.

Features of drawing up an application

To fill out the application, use the organization’s template, and if it is not available, it is compiled in a custom format. There is no unified document form for such cases. The document must reflect:

1. Name of company.
2. Full name of the director or person replacing him, indicating his position.
3. Position and full name of the applicant.
4. The main reason for the application is the provision of study leave and its period (start and end dates) on the basis of a summons certificate from a university or other educational institution. With or without salary.
5. Name of educational institution.
6. Signature of the applicant and date of preparation of the document.

A certificate - a summons - is attached to the application. Based on these documents, an order to grant leave is issued, and information is entered into the employee’s personal card (T-2, section 8.).

The application is usually drawn up in 2 copies. One, after the director’s resolution, is kept.

Facsimile signatures are not permitted.

Submission methods

You can submit an application so that it is reviewed and accepted in a timely manner in one of the following ways:

• Personally submit to the HR department, registering it in the incoming correspondence log,
• Hand it over to your employer if you work in a small enterprise,
• By registered mail with acknowledgment of receipt and a list of attachments, which will allow you to subsequently prove the fact of sending,
• The application can be submitted to the applicant with a notarized power of attorney.

Watch the video. How to apply for study leave?

https://youtu.be/Gxc2uUgJvCQ

Is it permissible to take out sick leave during student leave?

There are cases when employees fall ill during study leave and issue sick leave. In such a situation, employers are not obliged to pay sick leave, as stated in Art. 9 Federal Law dated December 29, 2006 No. 255-FZ.

Let's look at everything using a practical example:

The employee took student leave for the period from 01.02 to 25.02. He returned to work only on February 28. The sick leave was issued to him at the clinic on February 20, and was closed on February 27, i.e. in fact, he was ill for 7 days.

In this case, only the time from 26.02 to 27.02 inclusive on sick leave is paid. Until this time, the accounting department calculates payment based on the call certificate.

Watch a short video about the study holiday:

https://youtu.be/raL_hdPgOCQ

How to write correctly?

It is important to decide on the form of the document - it must only be written; oral agreements have no legal force.

The application form itself is optional, but it is necessary to adhere to the basic rules and indicate all the required details.

It is important to adhere to the basic structure of drawing up business documents; the form must contain:

1. A cap.
2. Name.
3. Body of the document.
4. List of attached documentation.
5. Signatures.

This design indicates the applicant’s literacy, and the form itself will meet all the requirements.

To write a correct application for student leave, you need to provide the following information:

• name and details of the organization;
• Full name of the head;
• Full name and position of the employee;
• document's name;
• an appeal to the manager in a request form for a break from work due to training with reference to a confirming certificate-call indicating the deadlines of the training period (should begin with the words “please provide”);
• name of the institution where the studies take place;
• The text should emphasize whether the type of leave is paid or not. You can see how this clause of the statement is written correctly in the samples presented below;
• applicant's signature.

Sample with salary retention

Before specifying what kind of study leave is required - paid or not, it is necessary to first become familiar with the legal grounds for maintaining earnings and take into account the provisions of the collective agreement.

During an employee's absence due to study, payment is provided if:

• there is an indication that payment for such a break in work is mandatory in the collective agreement;
• the conditions for payment are met, in accordance with Chapter 26 of the Labor Code of the Russian Federation.

According to the law, earnings during study leave are retained if:

1. The main place of work.
2. An educational institution with appropriate state accreditation.
3. The employee is studying for the first time.
4. Any form of training except full-time.
5. The student has sufficient academic progress.

If all these standards are observed, the employee has the right to write in the application that it is necessary to maintain earnings for all educational vacation days. In what order and amount is vacation paid?

Sample for granting paid study leave by correspondence to a working student:

Example without payment

In some situations, student leave is not paid for student employees.

For this, the employer has reasons opposite to those listed above; average earnings are not saved if:

• full-time study;
• private establishment;
• passing entrance tests upon admission to an educational institution;
• acquisition of a second or third education;
• passing certification work upon completion of preparatory departments.

One of the above conditions is sufficient to refuse payment.

A person must understand that if throughout his life and while building a career he continuously studies somewhere, then he should not count on paid leave, much less indicate this on the application form.

If the employee wants to receive income for a given period, he needs to indicate in the challenge certificate that he will take the session without interruption from work and indicate the working days. The employer is obliged to pay a salary for the time worked, and the average monthly salary for the rest.

Sample for study leave without pay:

Writing errors

Despite the free form of the application, the following errors are unacceptable when drawing it up:

• Error 1. Late provision of a certificate or its complete absence in the attachment to the application. This indicates the student's academic debt and deprives him of the opportunity to receive payment for the leave.
• Error 2. The application was submitted after the start of the study session. If the employee can justify such a delay with sufficient arguments, the employer will accept the request for the remaining days of vacation and pay for them.
• Mistake 3. Writing an application for a study leave, not at your own expense, and at the same time hoping that later you can re-register everything retroactively. You should not count on this; study leaves are not reissued retroactively, much less payments are calculated.
• Error 4. Lack of call help details in the text. If the call is lost, it will be impossible to prove its existence.

Wanting to get a break from work for study, the employee is required to write a request for the employer. A summons certificate alone is not enough to properly process the days off provided.

You can demand payment for vacation days if the appropriate conditions under the Labor Code of the Russian Federation or under a collective agreement are met.

It is recommended to submit documents at least 4-5 days before leaving work, this will allow the management to properly plan the further work of the staff, the HR officer to issue an order in a timely manner, and the accountant to calculate and pay study leave on time.

If there is help or call

If it is necessary to be absent from work due to a session, the application must be completed in any situation. The presence of a certificate or summons is not a basis for releasing the employee from such an obligation. The documents only confirm the fact of the session and its timing; as a result, the employer does not need to submit additional requests to the educational institution.

Order on granting student leave

Labor legislation does not provide for the right of an employer, on its own initiative, to provide an employee with free time and allow him not to fulfill his obligations. The basis for issuing an order is only a statement.