Study leave is accrued. Features of payment for study leave
Study leave
* Vacation followed by dismissal
* Maternity leave
* Benefits for young mothers
* For child care
* Create a vacation schedule (Section of the site "HR Documents")
* Questions regarding vacation schedules
* The employee went on vacation. How to request a replacement?
* Compensation for unused vacation
Procedure for granting study leave
Providing study leave (with or without pay) in accordance with Chapter 26 of the Labor Code of the Russian Federation “Guarantees and compensation for employees combining work with training” is classified by the legislator as guarantees and compensation.Depending on the circumstances, study leave is granted either with or without preservation of average earnings. In any case, the period of study leave is calculated in calendar days.
For the correct application of labor legislation, it is important to distinguish between the legal nature of annual (main and additional) leaves and additional leaves in connection with training. Mixing the concepts of educational and annual additional leave in practice leads to errors in the order of their provision and calculation. The main differences between these types of vacations.
1. According to the norms of Article 120 of the Labor Code of the Russian Federation, the duration of the annual main and additional paid leaves of employees is calculated in calendar days and is not limited to a maximum limit. Non-working days and holidays falling during the vacation period are not included in the number of calendar days of vacation and are not paid; as a result, the actual duration of vacation increases. This applies exclusively to annual (main and additional) vacations.
Non-working holidays falling during the period of study leave are included in its period and paid, unless, in accordance with the law, otherwise provided by a collective agreement or employment contract (Part 2 of Article 9 of the Labor Code of the Russian Federation).
2. In accordance with Part 1 of Article 116 of the Labor Code of the Russian Federation, annual additional paid leave is provided to employees:
those employed in jobs with harmful and (or) dangerous working conditions;
having a special nature of work;
with irregular working hours;
working in the Far North and equivalent areas;
in other cases provided for by federal laws.
The intended purpose of the annual additional leaves specified in Part 1 of Article 116 of the Labor Code of the Russian Federation is to provide workers with rest of a longer duration due to the special nature of the work, its conditions, the impact of harmful production factors on health, as well as in connection with protection from the adverse consequences of work in such conditions.
The legislator included the norms governing annual leave in Section V “Rest Time” of the Labor Code. And the provisions relating to study leaves (Articles 173-177 of the Labor Code of the Russian Federation) are classified under Section VII “Guarantees and Compensations”. According to Article 164 of the Labor Code of the Russian Federation, such leaves are a means for the employee to exercise his rights in the field of social and labor relations.
Legislative guarantees for additional study leave for employees combining work with study are not determined by the nature and conditions of work and are not related to the impact of such work on the employee’s health. Unlike annual paid leaves, educational leaves have a different purpose. Their goal is to study (and successfully) combined with work.
From the literal interpretation of the norms of Articles 173-176 of the Labor Code of the Russian Federation, the conclusion follows: additional paid leaves in connection with training are not “annual additional paid leaves”, which are discussed in Article 120 and part 1 of Article 116 of the Labor Code of the Russian Federation. This statement is also supported by the legislator’s different approach to the procedure for summing up additional annual leave with annual paid leave and the procedure for adding annual paid leave to educational leave.
In the first case, on the basis of Part 2 of Article 120 of the Labor Code of the Russian Federation, the employer is obliged to sum up the additional annual leave with the main annual leave. And in the second, the addition of annual paid leave to educational leave (regardless of their payment) in accordance with Part 2 of Article 177 of the Labor Code of the Russian Federation is permissible only by AGREEMENT between the employer and the employee.
3. The next criterion for distinguishing between annual paid leave and educational leave is the basis for their provision.
The basis for granting annual paid leave is the time of actual work and other periods of time giving the right to leave (Article 121 of the Labor Code of the Russian Federation). The basis for granting educational leave is the employee’s successful completion of studies in relevant educational institutions, or his admission to entrance examinations in educational institutions of higher professional education or in other educational institutions with state accreditation.
In addition, in accordance with paragraph 4 of Art. 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”, a separate basis for an employee’s right to study leave is a certificate of summons from the university, the form of which is given in Appendix No. 1 to the order of the Ministry of Education of Russia dated May 13, 2003 No. 2057.
An employee has the right to apply for study leave if
the educational institution where he studies has state accreditation;he is receiving education at the appropriate level for the first time.
If an employee already has a higher education diploma and receives a second higher education, then the organization is not obliged to provide him with any benefits. However, the employer, on its own initiative, has the right to retain them for such students. When an employee studies simultaneously in two educational institutions, benefits are provided to him by choice only in connection with his studies in one of them. In this case, the employer can provide leave upon a call-up certificate from a second educational institution, but only at the expense of the enterprise’s own funds or without pay, if this is provided for by the organization’s local regulations (for example, a collective agreement).
Employees sent for training by the employer or who independently entered state-accredited educational institutions of higher, secondary, primary vocational education, regardless of their organizational and legal forms, in correspondence and part-time (evening) forms of education, as well as evening (shift) general education institutions, For those who successfully study at these institutions, the employer provides additional leave while maintaining average earnings. The duration of these holidays is determined by Chapter 26 of the Labor Code of the Russian Federation.
Employees studying part-time and part-time (evening) courses in state-accredited educational institutions of higher professional education for a period of ten academic months before starting a diploma project or passing state exams are assigned, at their request (written application), a reduced working week at 7 o'clock. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties to the employment contract, concluded in writing, a reduction in working hours is carried out by providing the employee with one day off from work per week or by reducing the duration of the working day during the week.
Before granting a student a study leave, you should find out how successfully he combines study with work: whether he passes all tests and exams on time, whether there are any debts or absences from classes. To do this, you can send a written request to the educational institution or ask the student to present a record book.
Depending on the status of the educational institution, several categories of students can be distinguished:
employees entering higher education and studying at universities;
applicants and students of mid-level professional educational institutions;
students in primary-level professional educational institutions;
receiving education in evening (shift) general education institutions in their free time from work.
Depending on the level of the educational institution, as well as the form of education - full-time, part-time, part-time (evening) - one or another type of guarantees and compensation is provided.
Study leaves for students are regulated by Articles 173-176 of the Labor Code of the Russian Federation. They can be while maintaining average earnings and at their own expense. The intended purpose of study leave is to provide the student employee with free time to successfully prepare for and pass examination sessions, diploma projects, and state exams.
The following types of study leave are mentioned in legislative acts:
1. leave with preservation of average earnings for part-time and evening students studying at universities and institutions of secondary vocational education:
for passing intermediate certification (passing sessions);
for passing final state exams;
2. leave with preservation of average earnings for students of educational institutions of primary vocational education, regardless of the form of study, - to pass transfer and final exams;
3. leave with preservation of average earnings for students of evening (shift) educational institutions - to take final exams;
4. Leave without pay for applicants entering universities, including those without state accreditation, and educational institutions of secondary vocational education, and for full-time students:
to pass entrance examinations;
for passing final exams in preparatory departments at universities;
to pass intermediate certification;
for preparing and defending a thesis (project) and passing final state exams;
for passing final state exams.
How to properly arrange study leave
Several examples from practice.Example 1.
The secretary of Parus LLC, Vorobyova Svetlana Romanovna, wrote an application addressed to the general director with a request to provide study leave for admission to the institute.
Since Vorobyeva S.R. she does not have a higher education, and the educational institution where she plans to enroll has state accreditation, she cannot be denied study leave. She should be given leave without pay.
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If an employee is studying, then at his request the employer is obliged to provide him with study leave. However, do not rush to pay. Perhaps the employee is only entitled to unpaid leave.
Many companies have employees who combine work and training. In accordance with the law, these employees are entitled to study leave. You will not find the term “study leave” in the Labor Code. It talks about additional leaves with preservation of average earnings and leaves without pay for workers combining work with education, and workers entering training. However, educational leaves are usually called all those leaves that are provided to employees for various purposes related to education. Such leaves are established by Chapter 26 of the Labor Code.
So, study leave can be:
— paid (additional leave while maintaining average earnings);
— unpaid (leave without pay).
Who is eligible for study leave?
According to the provisions of the Labor Code *(1), educational leave is granted to those employees who receive a certain level of education. The right to paid study leave arises if the following conditions are met:
— the employee studies successfully;
— the educational institution has state accreditation;
— the employee receives education of this level for the first time.
Let us consider each of these conditions separately, as well as the difficulties that arise when fulfilling them.
He studies successfully. The Labor Code does not disclose the content of the concept of “successful completion of an educational program.” Usually, when talking about the success of training, they mean the absence of debts in subjects or “failures” in the grade book. In any case, ongoing monitoring of student progress falls within the competence of the educational institution. Therefore, the success of training is confirmed by a certificate of challenge, and the requirement to provide a grade book or other documents on academic performance on the part of the employer is unlawful.
State accreditation. Of course, employees who combine work with training in educational programs that have state accreditation have the right to study leave.
But there is an exception. Study leave (paid or unpaid) can also be provided to those who study in educational institutions that do not have state accreditation. To do this, this condition must be specified in the employment or collective agreement *(2). If the employer sent the employee to such training outside of work, the employee is provided with guarantees and compensation provided for by the Labor Code *(3).
First time education requirement. If an employee is studying at a technical school, college or institute for the first time, then no questions arise here. But there are cases, although not so obvious at first glance, when the education received is also considered the first.
For example, if an employee has previously received education of the appropriate level, but did not complete the training, that is, did not receive a diploma, then the education he is currently receiving at the same level is considered the first for the purpose of granting study leave.
Another option: if an employee received a higher education immediately after graduating from school, then training in educational programs of secondary vocational education is considered to be receiving education at the appropriate level for the first time.
Also, if an employee who has a diploma of secondary vocational education with the qualification of a skilled worker (employee) studies in training programs for mid-level specialists, then this does not constitute receipt of a second or subsequent secondary vocational education.
Please note that master's studies for an employee with a bachelor's degree will not constitute a second higher education. Consequently, such an employee can take advantage of the guarantees provided by labor legislation.
The only exception, when study leave (both paid and unpaid) can be granted to an employee who already has a professional education of the appropriate level, is a referral for training by the employer himself in accordance with an employment contract or student agreement concluded in writing *(4) .
Non-core training
If the specialty in which the employee is studying is non-core for the company, the employer does not have the right to refuse to provide the employee with study leave, since the Labor Code does not connect the provision of study leave with the specialty that the student receives. If an employee is sent by the employer for training in a certain specialty, then transferring to another specialty is impossible.
If you are studying part-time
Part-time students are not granted study leave. The right to study leave arises only at the main place of work * (5). In relation to part-time work, such an employee, based on his application, may be granted regular leave without pay *(6). If an employee studies simultaneously in two organizations engaged in educational activities, then leave is due in connection with training in only one of these organizations at the employee’s choice *(7).
When is study leave paid?
Employees who study part-time or in the evenings in state-accredited bachelor's, specialist's, master's, and secondary vocational education programs are entitled to paid study leave*(8). Paid educational leaves are provided in calendar days.
- Higher education (academy, university, institute) Bachelor's degree, specialist's degree, master's degree. Part-time, part-time (evening) forms of study Interim certification (session) in the first and second years 40 calendar days
- Interim certification in the third and subsequent courses 50 calendar days
- Mastering the program in a shortened time in the second year 50 calendar days
- Final certification (passing state exams, preparing and defending a diploma) Up to 4 months in accordance with the curriculum
- Postgraduate studies (postgraduate studies). Part-time study Training Annually 30 calendar days + time spent traveling from the place of work to the place of study and back
- Completion of a dissertation for the degree of Candidate of Sciences 3 months
- Residency, assistantship - internship. Part-time study Training Annually 30 calendar days + time spent traveling from the place of work to the place of study and back
- Applicants for the scientific degree of Candidate of Sciences Completion of a dissertation for the scientific degree of Candidate of Sciences 3 months
- Secondary vocational (technical school, college) Part-time, part-time (evening) education
- Interim certification (session) in the first and second years 30 calendar days
- Interim certification in the third and subsequent courses 40 calendar days
- Final certification (passing state exams, preparing and defending a diploma) Up to 2 months in accordance with the curriculum
- Basic general (evening school) Part-time (evening) form of education Final certification (final exams after grade IX) 9 calendar days
- Secondary general (evening school) Part-time (evening) form of education Final certification (final exams after XI (XII) grade) 22 calendar days
Procedure for paying for study leave
During the period of paid study leave, the employee retains his average earnings. It is calculated in the manner prescribed for payment of vacations granted in calendar days. Average earnings are paid for all calendar days, including holidays, falling during the period of study leave provided in accordance with the call certificate. Study leave must be paid no later than three days before its start*(10). Please note that enrolling study leave after the end of the session and providing the employer with a confirmation certificate is illegal. For violation of the deadline for payment of vacation pay, the employer bears financial responsibility * (11). It does not matter whether the employer is to blame for the delay in payment or not.
Important! There have been changes in the provision of paid educational leave to employees combining work with study in educational institutions of higher and secondary vocational education. Additional leave with preservation of average earnings for passing final state exams lasting 1 month is not provided from September 1, 2013*(12).
The consequences of failure to provide a confirmation certificate or present such a document in which violations are noted (in particular, failure to appear for exams) are not directly defined by labor legislation.
Having identified inappropriate use of study leave, the employer may require the employee to voluntarily return vacation pay. Moreover, if an employee refuses to comply with this requirement, it is impossible to deduct vacation pay from wages, since the Labor Code does not provide for such a basis for deduction *(13). An employer can file a lawsuit to recover the overpaid amount, but given the lack of direct provisions in the law, it is problematic to predict the outcome of the trial.
Do not forget that providing guarantees and compensation to employees who combine work with training is the employer’s responsibility, not a right. Therefore, in case of non-compliance, the employee can contact the state labor inspectorate, which in turn can present violators of labor rights with mandatory instructions to eliminate violations of labor legislation *(14). In addition, the inspection has the right to bring the perpetrators to administrative responsibility * (15).
Important! College students who receive initial vocational education no longer have the right to paid leave to take exams for 30 calendar days within one year, regardless of the form of study - full-time, part-time or evening *(16).
When study leave is not paid
In addition to paid leave, a student employee has the right to additionally take study leave at his own expense. Study leave without maintaining average earnings is also provided in calendar days. The duration of such leaves depends on their purpose and level of education.
Duration of unpaid study leave depending on the type of education
- Type of education Purpose of leave Duration of unpaid educational leave
- Higher (bachelor's, specialist's, master's) Entrance tests (exams) 15 calendar days
- Final certification (exams) at the preparatory department 15 calendar days
- Interim certification (session) in full-time education (full-time study) 15 calendar days per academic year
- Preparation and defense of final qualification work, passing state exams (full-time study) 4 months
- Passing state exams (full-time study) 1 month
- Secondary vocational (technical school, college) Entrance tests (correspondence, part-time and part-time forms) 10 calendar days
- Interim certification (full-time study) 10 calendar days per academic year
- Final certification (full-time study) Up to 2 months
The law establishes not only the conditions for granting study leaves, but also their guaranteed duration. If the employment contract with the employee specifies a smaller number of days of educational leave or includes a condition that the employee refuses to use educational leave or pay for it, then this condition of the employment contract will not apply *(17).
Conversely, it is not prohibited to improve the situation of workers in comparison with labor legislation. Therefore, in a collective agreement or in an employment contract, it is possible to provide for additional cases of granting educational leaves, increasing their duration, or providing leave with pay instead of leave without pay * (18).
At the same time, it should be noted that the provision of study leave is one of the guarantees for employees who combine work with study. That is, the employee can use this guarantee in full or refuse it or use it partially. To do this, in addition to the summons certificate, the employee must submit an application indicating from what date and for how long he is asking to be granted study leave. The dates of the requested study leave must not exceed the period specified in the call certificate. Then wages must be paid for the time worked, and average earnings for the vacation days actually used. The fact that partial provision of study leave within the period specified in the summons certificate does not contradict labor legislation is confirmed by judicial practice * (19). Although Rostrud takes a different point of view on this issue * (20). Providing study leave of a shorter duration than that specified in the call certificate, even if the employee requests it, will not fully comply with the requirements of current legislation, since study leave has a strictly intended purpose and should be used only for deadlines.
Documents for registration of study leave
The basis for granting study leave is a summons certificate*(21). Two forms of summons certificate have been approved: for those receiving higher education *(22) and secondary vocational education *(23). A summons certificate for a higher education institution will also differ depending on what kind of leave is provided - paid or not.
For other cases of granting study leave, call-up certificate forms are not approved. There is also no approved certificate form for a program that does not have state accreditation. But if an employee is granted study leave in accordance with a collective or employment agreement, such a certificate is issued in any form. The only requirement for such a certificate is that it must reflect the purpose and timing of the study leave.
The employee is not required to bring a copy of the certificate of state accreditation. This information is contained in the call help.
The second part of the certificate is filled out by the educational institution and certified with a seal after study leave. It confirms that the employee used the study leave for its intended purpose, namely: he was actually in the educational institution that issued him the specified summons certificate. The employer gives this part to the employee upon receipt of a summons certificate from him before the vacation, and the employee returns it when returning to work from study leave.
If the employee provides only a summons certificate, then he must apply for study leave in accordance with it. The employer does not have the right to independently change the dates of study leave.
Important! It is not possible to replace study leave with monetary compensation, or to work while on study leave. If during study leave the employee actually worked, he is entitled to wages for the days worked, and the average earnings received by the employee as vacation pay are in this case overpaid.
E. Noskova,
senior HR specialist
BDO Unicon Outsourcing
*(1) Art. 173-176 Labor Code of the Russian Federation
*(2) art. 173, 174 Labor Code of the Russian Federation
*(3) art. 187 Labor Code of the Russian Federation
*(4) art. 177 Labor Code of the Russian Federation
*(5) Art. 287 Labor Code of the Russian Federation
*(6) art. 128 Labor Code of the Russian Federation
*(7) art. 177 Labor Code of the Russian Federation
*(8) art. 173, 174 Labor Code of the Russian Federation
*(9) art. 173-176 Labor Code of the Russian Federation
*(10) Art. 136 Labor Code of the Russian Federation
*(11) art. 236 Labor Code of the Russian Federation
*(12) sub. "b" clause 18, sub. "b" clause 20 of the Federal Law of July 2, 2013 N 185-FZ (hereinafter referred to as Law N 185-FZ)
*(13) Art. 137 Labor Code of the Russian Federation
*(14) Art. 357 Labor Code of the Russian Federation
*(15) art. 5.27 Code of Administrative Offenses of the Russian Federation
*(16) clause 21 of Law No. 185-FZ
*(17) part 2 art. 9 Labor Code of the Russian Federation
*(18) art. 9, 41, 57 Labor Code of the Russian Federation
*(19) rulings of the Trans-Baikal Regional Court dated 03/21/2012 N 33-835/2012, Vologda Regional Court dated 09/28/2011 N 33-4454/2011
*(20) letter of Rostrud dated September 12, 2013 N 697-6-1
*(21) art. 177 Labor Code of the Russian Federation
*(22) order of the Ministry of Education of Russia dated May 13, 2003 N 2057
*(23) order of the Ministry of Education of Russia dated December 17, 2002 N 4426
An employee, when combining work activity with the process of studying in educational institutions, can study full-time, part-time, part-time and part-time and can enter educational institutions independently or be sent by the employer. When enrolling in educational institutions and combining work activity with training, enterprise employees have a question about whether study leave is paid for distance learning.
Guarantees for paid study leave
An employee of an enterprise can combine work activity with training at various levels:
- level of higher education and bachelor's, specialist's, and master's programs;
- level of secondary vocational education;
- level of primary vocational education.
In order for an employer to pay for additional study leave, certain conditions must be met:
- educational institutions must have state accreditation for the programs they study;
- the employee must successfully master these programs;
- level of education must be obtained for the first time.
If these conditions are met, the employer provides him with study leave while maintaining average earnings (Article 173 of the Labor Code of the Russian Federation).
At the same time, the employer pays for the days of study leave with the preservation of average earnings for those who provide training in the following programs: bachelor's, specialist's, master's degrees, presented in Table 1.
Table 1. Paid days of study leave when receiving higher education via correspondence and part-time forms (Article 173 of the Labor Code of the Russian Federation)
| Type of certification during training | Course of Study | Number of calendar days | |
|---|---|---|---|
| Full term of study | Shortened training period | ||
| Intermediate | 1 | 40 | 40 |
| Intermediate | 2 | 40 | 50 |
| Intermediate | 3 | 50 | 50 |
| Intermediate | 4 | 50 | 50 |
| Intermediate | 5 | 50 | 50 |
| Final state certification | 5 | Up to 4 months according to the curriculum | |
When an employee receives education under secondary professional level programs, the employer pays for the following days of study leave, presented in Table 2.
Table 2. Paid days of study leave when receiving secondary vocational education (Article 174 of the Labor Code of the Russian Federation)
What days are not paid?
Employees who combine training in higher and secondary vocational education programs (part-time and part-time) with work are provided with study leave days that are not paid by the employer (Articles 173 and 174 of the Labor Code of the Russian Federation).
Table 3. Unpaid days of study leave when receiving higher and secondary education through part-time and part-time education
How is it paid?
Provided that an employee combining study with work works in several jobs, leave for educational purposes will be provided and paid only at his main place of work (
An employer can provide study leave to employees who are studying:
- in a higher educational institution (institute, academy, university);
- in an educational institution of secondary vocational education (college, technical school);
- in an educational institution of primary vocational education;
- in an evening (shift) general education institution.
The employer is obliged to provide study leave to these employees. Regardless of how long the employee has worked for the organization. There are no restrictions on length of service giving the right to study leave.
Study leave is subject to payment only if the following conditions are simultaneously met:
- This is the first time an employee has received education at this level. Or the organization sent an employee for training. Already having this level of education. Having secured the training condition in the employment or student contract (Part 1 of Article 177 of the Labor Code of the Russian Federation, letter of the Ministry of Labor of Russia dated November 8, 2013 No. 14-1-187);
- the employee studies successfully (Part 1, Part 1 of Article 174, Part 1 of Article 176 of the Labor Code of the Russian Federation);
- vacation is related to passing exams or defending a diploma (part 1 of article 173, part 1 of article 173.1, part 1 of article 174 of the Labor Code of the Russian Federation);
- the educational organization has state accreditation (part 1 of article 173, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation).
The organization can provide study leaves to employees. Those who study in educational organizations that do not have state accreditation. To do this, such a condition must be stated in the labor (collective) agreement (part 6 of article 173, part 6 of article 174, part 2 of article 176 of the Labor Code of the Russian Federation).
Successful learning determined by the educational institution. In which the employee is trained, in accordance with internal documents. In particular, the charter. Confirmation of the employee’s successful training for the employer is a certificate of challenge. Issued to an employee who combines work with training. And indicating his admission to the next certification. Interim or final (order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368). Require any other documents to confirm the success of the training. For example, a certificate of no debt. The employer doesn't need it. As well as waiting until the end of the current session to pay for study leave.
When receiving education for the first time, there is an exception. Leave can also be given if the person already has a higher (secondary, primary vocational) education. And he gets the second (third, etc.). But only on condition. That his employer sent him for training “in accordance with the employment contract. Or a training agreement concluded... in writing” ().
Paid study leaves are provided in calendar days. The duration and number of such leaves depend on what kind of education the employee receives. Higher, secondary or initial professional.
Providing study leave to an employee at the expense of the employer
- Studying part-time or part-time within the framework of bachelor's and specialty programs. Or a master's degree at a university. Passes intermediate certification (session) in the 1st or 2nd year - 40 calendar days,
- Studying part-time or part-time as part of undergraduate programs. Specialist or master's degree at a university, undergoes intermediate certification (session) in the 3rd, 4th and 5th (6) courses - 50 calendar days, art. 173 Labor Code of the Russian Federation
- Studying part-time or part-time as part of undergraduate programs. Specialist or master's degree, undergoes state final certification - 4 months, art. 173 Labor Code of the Russian Federation
- Masters teacher training programs in postgraduate (postgraduate) studies. Residency programs and assistantship-internship programs via distance learning - 30 calendar days,
- Masters teaching staff programs in postgraduate (postgraduate) studies. And writes a dissertation for the academic degree of Candidate of Sciences - 3 months, Art. 173.1 Labor Code of the Russian Federation
- Studying in the secondary vocational education program by correspondence or part-time, undergoing an intermediate certification (session) in the 1st or 2nd year - 30 calendar days,
- Studying in the secondary vocational education program by correspondence or part-time. Passes intermediate certification (session) at 3. And each subsequent course - 40 calendar days, art. 174 Labor Code of the Russian Federation
- Studying in the secondary vocational education program by correspondence or part-time. Passes state final certification - 2 months, art. 174 Labor Code of the Russian Federation
- Studying in general education organizations (schools, gymnasiums, etc.) through part-time and part-time education. Passes the state final certification of the basic general education program - 9 calendar days,
- Studying in general education organizations (schools, gymnasiums, etc.) through part-time and part-time education. Passes the state final certification for the secondary general education program - 22 calendar days, art. 176 Labor Code of the Russian Federation
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Providing study leave at the expense of the employee
- Enters a university (passes entrance exams) - 15 calendar days, art. 173 Labor Code of the Russian Federation
- Passes final certification at the preparatory department of an educational organization of higher education - 15 calendar days, art. 173 Labor Code of the Russian Federation
- Studying in accredited bachelor's, specialist's or master's programs full-time at a university, undergoing intermediate certification (session) - 15 calendar days per academic year, art. 173 Labor Code of the Russian Federation
- Studying full-time at a university, passing state exams and defending a diploma - 4 months, art. 173 Labor Code of the Russian Federation
- Studying full-time at a university, passing state exams - 1 month, art. 173 Labor Code of the Russian Federation
- Enrolls in educational programs of secondary vocational education (passes entrance exams) - 10 calendar days, art. 174 Labor Code of the Russian Federation
- Studying in an accredited program of secondary vocational education full-time, undergoing intermediate certification (passes the session) - 10 calendar days per academic year, Art. 174 Labor Code of the Russian Federation
- Students study in an accredited full-time secondary vocational education program, undergo state final certification - 2 months, art. 174 Labor Code of the Russian Federation
- Masters teacher training programs in graduate school (adjunct), residency and internship programs by correspondence in the last year of study - 2 days a week, art. 173.1 Labor Code of the Russian Federation
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Three rules for applying for study leave
1. It is important to distinguish between the legal nature of annual (main and additional) vacations. And additional leaves in connection with training. For the correct application of legislation on the procedure for their calculation and provision.
2. Holidays falling during the period of additional paid leave in connection with training. They are included in the number of his calendar days and paid accordingly.
3. The employer provides study leave on the basis of a summons certificate.
Paid study leave
In addition to students of universities, colleges, technical schools and schools. Employees who study at night school have the right to study leave. For example, to pass final exams after 9th grade. They can take 9 calendar days, after 11th grade - 22 calendar days.
In addition to paid study leave, an employee has the right to additionally take study leave at his own expense (also in calendar days). For example, during entrance exams. The right to additional unpaid leave is available not only to “evening” and “correspondence” students, but also to full-time students of universities, technical schools and colleges.
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Calculation of vacation pay for study leave
Study leaves are paid in the same way as annual ones. Based on average earnings (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation). Average earnings are calculated based on the employee’s salary for the last 12 months (Article 139 of the Labor Code of the Russian Federation). In this case, all calendar days of educational leave are subject to payment. Including holidays. (Clause 14 of the Regulations approved by the Decree of the Government of the Russian Federation of December 24, 2007).
An example of calculating vacation pay. The employee was granted paid study leave
A.S. Kondratyev was hired by the organization on October 1, 2014. He combines work with studying in the second year of Moscow State University (in absentia). This is the first time an employee has received higher education. The educational program in which the employee is studying has state accreditation.
On April 17, 2015, the employee wrote an application for study leave. To pass the session from April 22, 2015. The duration of study leave according to the call certificate is 30 calendar days. This period does not exceed the maximum duration of study leave. Established by law (40 calendar days). The organization is obliged to provide the employee with paid study leave.
The calculation period for vacation pay includes October–December 2014, January–March 2015. These months have been fully worked out. For the period from October 2014 to March 2015, the employee was accrued 100,000 rubles.
The period of study leave includes holidays, for which the organization’s accountant also calculated Kondratiev’s average earnings.
The accountant calculated vacation pay to pay for study leave as follows.
The average daily earnings for vacation pay were:
100,000 rub. : 6 months : 29.3 days/month = 568.83 rub./day.The total amount of vacation pay is:
RUB 568.83/day × 30 days = 17,064.90 rub.
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When studying in another city
The Labor Code provides another benefit for individuals. Combining work with training. It concerns correspondence students who study in educational institutions. Located in other cities. For such students, the employer pays for travel to the location of the relevant educational institution and back.
If previously the Labor Code did not set any conditions for this. And all university students were paid for travel once a year. Now the situation has changed. Legislators added just one word to Article 173 of the Labor Code of the Russian Federation. And from now on only the employee will be able to claim payment for travel. Who studies “successfully”. At the same time, there is no explanation of successful studies here either. It would hardly be correct to assume that travel can only be paid for excellent students. Probably, as mentioned above, it is enough for a student to pass all exams on time. No retake.
Students of correspondence departments of secondary educational institutions. Only half of the round trip fare will continue to be paid. For them, legislators did not impose restrictions on academic performance.
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What documents are needed to apply for study leave?
Study leave is given to university students only after that. How will they bring certificate calling the educational institution. The certificate form was approved by Order of the Ministry of Education and Science of Russia dated December 19, 2013 N 1368. "On approval of the form of a summons certificate giving the right to provide guarantees and compensation to employees combining work with education."
Upon presentation of the certificate, the student employee must write leave application. This document is drawn up in any form. The application must indicate what kind of leave the employee is applying for. For example: “Please provide me with paid study leave.” After this, the personnel department draws up the same documents. The same as when an employee goes on “regular” vacation.
To the Director of Gazprom LLC
A.V. Ivanov
from an economist
A.S. Petrova
STATEMENT
I ask you to provide me with additional leave while maintaining my average earnings (study leave). For the period from 06/15/2019 to 07/10/2019. Duration 26 calendar days. To pass intermediate certification at the Moscow State Industrial University.
I am attaching a summons certificate to the application.
05.29.2019 ____________ A.S. Petrov
Information about study leave is entered in employee personal card(unified form No. T-2, approved by Decree of the State Statistics Committee of January 5, 2004 No. 1). For this purpose, the card provides a special section VIII “Vacation”.
From January 1, 2013, the forms of primary accounting documents contained in albums of unified forms of primary accounting documentation are not mandatory for use. At the same time, the forms of documents used as primary accounting documents continue to be mandatory. Established by authorized bodies in accordance with. And on the basis of other federal laws. (for example, cash documents) (see information from the Ministry of Finance of Russia N PZ-10/2012).
Study leave is additional leave 
Only the organization that is the employee’s “main place of work” is obligated to provide study leave. 
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 
If an employee studies in two educational organizations at once, guarantees and compensation are provided only in connection with training in one of them 
An employee who has gone on study leave cannot be deprived of the right to annual paid leave. 
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