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Registration of study leave for the first higher education. Providing study leave. What entry to make in a personal card

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. The employee may only be entitled to unpaid leave.

Many companies have employees who combine work with training. In accordance with the legislation, these employees are entitled to study leave. You will not find the term "study leave" in the Labor Code. It deals with additional leave with the preservation of average earnings and unpaid leave for workers who combine work with education, and workers entering training. However, it is customary to refer to educational leave as all those vacations that are granted to employees for various purposes related to education. Such leave is established by Chapter 26 of the Labor Code.

So, study leave can be:

Paid (additional vacation with preservation of average earnings);

Unpaid (unpaid leave).

Who is eligible for study leave?

According to the provisions of the Labor Code (Art. 173-176 of the Labor Code of the Russian Federation), study leave is granted to those employees who receive a certain level of education. The entitlement to paid educational leave arises if the following conditions are met:

The employee learns successfully;

The educational institution has state accreditation;

This is the first time an employee receives an education of this level.

Let us consider separately each of these conditions, as well as the difficulties arising from their fulfillment.

She studies successfully. The Labor Code does not disclose the content of the concept of "successful mastering of an educational program". Usually, speaking about the success of training, they mean the absence of arrears in subjects or "failures" in the grade book. In any case, the implementation of the current monitoring of students' progress is within the competence of the educational institution. Therefore, the success of the training is confirmed by a call-out certificate, and the requirement to provide a grade book or other documents on academic performance by the employer is illegal.

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 also an exception. Study leave (paid or unpaid) can also be granted to those who study in educational institutions that do not have state accreditation. To do this, this condition must be spelled out in an employment or collective agreement (Articles 173, 174 of the Labor Code of the Russian Federation). If the employer has sent an employee to such training with a break from work, the employee is provided with guarantees and compensations provided for by the Labor Code (Article 187 of the Labor Code of the Russian Federation).

First-time education requirement. If an employee is studying at a technical school, college or institute for the first time, then there are no questions here. But there are cases, although at first glance not so obvious, when the education received is also considered the first.

For example, if an employee previously received an education of the corresponding level, but did not complete training, that is, did not receive a diploma, then the education that he is currently receiving of the same level for the purpose of granting educational leave is considered the first.

Another option: if an employee received a higher education immediately after leaving school, then training in educational programs of secondary vocational education is considered to be receiving an education of the corresponding level for the first time.

Also, if an employee who has a diploma of secondary vocational education with the qualification of a qualified worker (employee) is studying according to training programs for mid-level specialists, then this does not mean obtaining a second or subsequent secondary vocational education.

Please note that training in the master's program 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 law.

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 an apprenticeship contract concluded in writing (Art. 177 Labor Code of the Russian Federation).

H specialized training

If the specialty in which the employee is trained is non-core for the company, the employer has no right to refuse to grant the employee an educational leave, since the Labor Code does not link the granting of educational leave to the specialty that the student receives. If the employee is sent for training by the employer in a certain specialty, then the transition to another specialty is impossible.

E if a part-time student is studying

Part-time employees are not granted study leave. The right to study leave arises only at the main place of work (Article 287 of the Labor Code of the Russian Federation). With regard to part-time work, such an employee, on the basis of his application, may be granted regular leave without pay (Article 128 of the Labor Code of the Russian Federation). If an employee studies at the same time in two organizations carrying out educational activities, then leave is laid in connection with training only in one of these organizations at the employee's choice (Article 177 of the Labor Code of the Russian Federation).

TO when study leave is paid

Employees who study in absentia or in the evenings on state-accredited bachelor's, specialist's, master's, secondary vocational education programs are entitled to paid educational leave (Articles 173, 174 of the Labor Code of the Russian Federation). Paid study leave is granted in calendar days.

The reason and the length of the study leave depend on what kind of education the employee receives (see table 1).

Table 1. Duration of paid educational leave depending on the type of education

Type of education		Purpose of vacation	Duration of educational paid leave (Art. 173-176 of the Labor Code of the Russian Federation)
Higher (academy, university, institute)	Bachelor's, Specialist, Master's Degree. Extramural,		40 calendar days
			50 calendar days
		Mastering the program in a short time in the second year	50 calendar days
			Up to 4 months according to the curriculum
	Postgraduate studies (postgraduate studies). Extramural studies	Education
			3 months
	Residency, assistant - internship. Extramural studies	Education	Annually 30 calendar days + time spent on travel from the place of work to the place of training and back
	Applicants for the degree of candidate of sciences	Completion of the dissertation for the degree of candidate of sciences	3 months
	Part-time, part-time (evening) form of study	Intermediate certification (session) in the first and second years	30 calendar days
		Intermediate certification in the third and subsequent courses	40 calendar days
		Final certification (passing state exams, preparing and defending a diploma)	Up to 2 months according to the curriculum
Basic general (evening school)	Part-time (evening) form of study	Final certification (final exams after the IX grade)	9 calendar days
General secondary (evening school)	Part-time (evening) form of study	Final certification (final exams after the XI (XII) grade)	22 calendar days

NS term of payment for study leave

For the period of paid educational leave, the employee retains his average earnings. It is calculated in the manner prescribed for the payment of vacations provided in calendar days. Average earnings are paid for all calendar days, including holidays falling on the period of study leave, provided in accordance with the call certificate. The study leave should be paid no later than three days before its start (Article 136 of the Labor Code of the Russian Federation). Please note that the enrollment of study leave after the end of the session and the provision of a confirmation certificate to the employer is illegal. For violation of the term for payment of vacation pay, the employer bears financial responsibility (Article 236 of the Labor Code of the Russian Federation). In this case, it does not matter whether the employer is to blame for the delay in payment or not.

The consequences of failure to provide a confirmation certificate or presentation of such a document in which violations are noted (in particular, failure to appear for exams) are not directly defined by labor legislation. Having revealed the misuse of the study leave, the employer may demand the employee to voluntarily return the vacation pay. At the same time, in the event of an employee's refusal to fulfill this requirement, it is impossible to withhold vacation pay from wages, since the Labor Code does not provide for such a basis for withholding (Article 137 of the Labor Code of the Russian Federation). The employer can go to court with a claim to recover the overpaid amount, but given the absence of direct norms 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 the right. Therefore, in case of non-fulfillment, the employee can turn to the state labor inspection, which in turn can present the violators of labor rights with binding instructions to eliminate violations of labor legislation (Article 357 of the Labor Code of the Russian Federation). In addition, the inspectorate has the right to bring the perpetrators to administrative responsibility (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

When study leave is not paid

In addition to paid leave, a student employee has the right to additionally take a study leave at his own expense. Educational leave without keeping the average earnings is also granted in calendar days. The duration of such leave depends on their purpose and level of education (see table 2).

Table 2. Duration of unpaid educational leave depending on the type of education

Type of education	Purpose of vacation	Duration of unpaid study leave
Higher (bachelor's, specialty, master's degree)	Entrance tests (exams)	15 calendar days
	Final certification (exams) at the preparatory department	15 calendar days
	Intermediate certification (session) in the full-time department (full-time education)	15 calendar days in the academic year
	Preparation and protection of graduation qualification work, passing state exams (full-time education)	4 months
	Passing state exams (full-time education)	1 month
Secondary vocational (technical school, college)	Entrance tests (part-time, part-time and full-time)	10 calendar days
	Intermediate certification (full-time education)	10 calendar days in the academic year
	Final certification (full-time education)	Up to 2 months

The law establishes not only the conditions for granting educational leaves, but also their guaranteed duration. If the employment contract with the employee specifies a smaller number of days of study leave or a condition is included that the employee refuses to use the study leave or its payment, then this condition of the employment contract will not apply (part 2 of article 9 of the Labor Code of the Russian Federation).

Conversely, it is not prohibited to improve the position of workers in comparison with labor legislation. Therefore, in the collective agreement or in the employment contract, it is possible to provide for additional cases of granting educational leaves, increasing their duration or granting leave with pay instead of leave without pay (Articles 9, 41, 57 of the Labor Code of the Russian Federation).

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 training. That is, the employee can use this guarantee completely, or refuse it or use it partially. To do this, the employee, in addition to a call-out certificate, must submit an application indicating from what date and for how long he asks for study leave. The dates of the requested study leave must not exceed the period specified in the inquiry-call. Then for the hours worked must be paid wage, and for actually used vacation days - the average earnings. The fact that the partial granting of study leave within the time period specified in the call-out certificate does not contradict labor legislation is also confirmed by judicial practice (rulings of the Trans-Baikal Regional Court dated March 21, 2012 No. 33-835 / 2012, Vologda Regional Court No. 33-4454 / 2011). Although Rostrud on this issue adheres to a different point of view (Rostrud letter dated 12.09.2013 No. 697-6-1). The provision of educational leave of a shorter duration than that indicated in the call certificate, even if the employee asks for it, will not fully comply with the requirements of the current legislation, since the educational leave has a strictly purposeful purpose and should be used only in deadlines.

D documents for registration of study leave

The basis for granting educational leave is a call-out certificate (Article 177 of the Labor Code of the Russian Federation). Two forms of inquiry-call have been approved: for those receiving higher education (order of the Ministry of Education of Russia dated May 13, 2003 No. 2057) and secondary vocational (order of the Ministry of Education of Russia dated December 17, 2002 No. 4426). The help call for a higher education institution will also differ depending on what kind of vacation is provided - paid or not.

For other cases of granting educational leaves, the forms of inquiry-call 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 labor agreement, such a certificate is issued in an arbitrary form. The only requirement for such a certificate is that it should reflect the purpose and timing of the study leave.

The employee is not required to bring a copy of the state accreditation certificate. This information is contained in the help call.

The second part of the certificate is filled in by the educational institution and stamped after the study leave. It is a confirmation that the employee used the study leave for the intended purpose, namely: he really was in the educational institution that issued the specified call-out certificate to him. The employer gives this part to the employee when he receives a call-out certificate from him before the leave, and the employee returns it when he returns to work from the educational leave.

If the employee provides only a call-out certificate, then he needs to issue a study leave in accordance with it. The employer does not have the right to independently change the dates of the study leave.

Opinion

Boris Chizhov, Deputy Head of the Office Work Department of the Administrative Department of the Federal Service for Labor and Employment, State Counselor of the Russian Federation of the 2nd class

If the employee did not submit a call-out certificate

A call-out certificate is issued by the educational institution to the employee before the start of the study leave. It consists of two parts: the call-help itself and the confirmation-help. The employee gives the organization a document with the completed first part. It serves as the basis for granting educational leave to an employee and calculating vacation pay for him.

If the employee has not submitted such a certificate, then the employer has no reason to grant him study leave. At the same time, failure to appear for work may serve as a basis for considering the issue of absenteeism of an employee with the ensuing consequences.

Note that absenteeism refers to disciplinary offenses, for the commission of which the employer, on the basis of the explanations provided by the absent employee, has the right to apply different types of disciplinary sanctions (Article 192 of the Labor Code of the Russian Federation) - reprimand, reprimand, dismissal.

If the employee committed absenteeism and was punished, then he does not lose the right to use the next study leave when submitting a certificate-call in accordance with the established procedure.

Study leave is granted if the employee receives education for the first time and successfully studies, and the educational organization has state accreditation. To register a vacation, the employer must submit an application for vacation and a certificate-call from educational organization.

Conditions for granting study leave

For the employer to provide educational leave, you must comply with certain conditions (Articles 173, 174, 176, Part 1, Article 177 of the Labor Code of the Russian Federation):

1) getting an education of the corresponding level for the first time.

Also, study leave can be granted to employees who already have a professional education of the appropriate level and are sent to receive education by an employer in accordance with an employment contract or an apprenticeship contract;

2) the educational organization has state accreditation for the relevant educational program (the register of accredited educational organizations can be found on the website of the Federal Service for Supervision in Education and Science);

3) successful development of the educational program.

As a rule, a successful student is considered to be one who has no debt for the previous course (semester). It is assumed that if the student is not expelled from the educational institution and has submitted a certificate-call, and earlier after the end of the study leave brought the detachable part of the certificate-call, then the training is successful.

Guarantees and compensations to employees who receive education of the corresponding level not for the first time on the initiative of the employee, as well as under programs that do not have state accreditation, can be established by a collective or labor agreement.

The form of study (full-time, part-time, part-time) is not a condition for granting study leave, but it affects its payment. If you study full-time, then study leave is not paid, if full-time or part-time, then the average earnings remain for the period of study leave (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation).

Grounds for granting educational leave

The grounds for the employer's granting of study leave, subject to the above conditions, are:

1) the employee's application for vacation. The labor legislation of the Russian Federation does not regulate the issue of the time period for contacting the employer with such an application, therefore, the employee has the right to apply with an application for an educational leave immediately before its start;

2) help call from the educational organization.

We also note that guarantees and compensations for persons who combine work with training are provided only at the main place of work (Article 287 of the Labor Code of the Russian Federation). Consequently, a part-time worker during the session must either continue to work in his free time from school, or take a vacation for this time without saving wages.

An employee who combines work with education must be granted an apprenticeship or study leave. In some cases, study leaves are paid based on the average earnings of the employee, in others, they are not paid at all.

The basic rules for granting student leave are spelled out in the Labor Code. But besides the Labor Code of the Russian Federation, there are other legislative acts, on the basis of which an employee has the right to go on vacation in connection with training.

Conditions for granting student leave

An employee must be granted a study leave if:

he receives an education of the corresponding level for the first time (Article 177 of the Labor Code of the Russian Federation);
he studies according to an educational program that has state accreditation (Art. 173-176 of the Labor Code of the Russian Federation);
he provided the employer with a call-out certificate in the prescribed form (approved by Order of the Ministry of Education and Science of Russia dated 19.12.2013 N 1368). Such a certificate is issued by the educational organization where the employee is studying (Article 177 of the Labor Code of the Russian Federation);
an employing organization is the main place of work for a student worker (Article 287 of the Labor Code of the Russian Federation).

Educational programs can be:

higher professional education - bachelor's degree, specialty, master's degree, postgraduate study, residency, assistant-internship (Art. 173 of the Labor Code of the Russian Federation);
secondary vocational education - training in technical schools, colleges, vocational lyceums, etc. (Article 174 of the Labor Code of the Russian Federation);
basic general or secondary education - education in schools, gymnasiums, etc. (Article 176 of the Labor Code of the Russian Federation).

Taking into account the above, if your employee receives a second higher education, including in connection with production needs, and / or studies according to a program that does not have state accreditation, you can provide and pay him a vacation only if it is provided for by an employment contract with him or your collective agreement.

At the same time, if your employee manages to study at two educational institutions at once (and even works), then study leave can be granted to him only in relation to one of these institutions at the employee's choice (Article 177 of the Labor Code of the Russian Federation).

By the way, by agreement with the employer, the employee's additional educational leave can be added to the annual basic paid leave (Article 177 of the Labor Code of the Russian Federation). But the employee has no right to demand their unification.

Student leave: how is paid

Before moving on to the question of how student leave in 2019 is paid, let's figure out which study leaves are paid and which are not. Moreover, paid leave for a session under the Labor Code can be of different lengths. All this, of course, must be taken into account before proceeding to pay for the vacation.

Paid student leaves according to the Labor Code.

Type of education	Form of study
	Extramural, intramural-extramural	Intermediate certification (Article 173 of the Labor Code of the Russian Federation): - in the 1st, 2nd year - 40 calendar days in the academic year (when mastering the program in a short time - 50 calendar days in the 2nd year); - on each subsequent course - 50 calendar days per academic year. State final certification - within 4 months in accordance with the curriculum of the educational program
Secondary vocational	Extramural, intramural-extramural	Intermediate certification (Article 174 of the Labor Code of the Russian Federation): - on the 1st, 2nd year - 30 calendar days in the academic year; - on each subsequent course - 40 calendar days per academic year. State final certification - within 2 months in accordance with the curriculum of the educational program
Basic general or secondary general	Part-time	State final certification for the educational program (Article 176 of the Labor Code of the Russian Federation): - basic general education - 9 calendar days; - secondary general education - 22 calendar days
Higher professional - postgraduate (postgraduate, postgraduate, residency, assistant-internship)	Extramural	During a calendar year - 30 calendar days, as well as the days spent on travel to the location of the educational organization and back. That is, the employee, based on the average earnings, is paid for both the vacation period and the days on the road (Article 173.1 of the Labor Code of the Russian Federation). Preparation for the defense of a dissertation for a scientific degree: - candidate of sciences - 3 months; - Doctor of Sciences - 6 months (Article 173.1 of the Labor Code of the Russian Federation, clause 2 of the Rules, approved by the Decree of the Government of the Russian Federation of 05.05.2014 N 409). Leave is granted subject to security clearance

Unpaid student leave under the Labor Code in addition to paid leave.

Type of education	Form of study	Purpose of granting leave and its duration
Higher professional (bachelor's, specialty, master's degree)	Full-time	Interim certification - 15 calendar days in the academic year. Delivery of final state exams- 1 month; Passing the final state exams together with the preparation and defense of the final qualifying work - 4 months (Article 173 of the Labor Code of the Russian Federation)
Secondary vocational	Full-time	Interim certification - 10 calendar days per academic year. State final certification - within 2 months (Article 174 of the Labor Code of the Russian Federation)
Higher professional (bachelor's, specialty, master's degree)	Any	Passing entrance examinations- 15 calendar days. Final certification for students of preparatory departments of universities - 15 calendar days (Article 173 of the Labor Code of the Russian Federation)
Secondary vocational	Any	Passage of entrance examinations - 10 calendar days (Article 174 of the Labor Code of the Russian Federation)

Now directly on the calculation of vacation pay. Each day of the employee's paid educational leave must be paid based on the employee's average earnings, which is determined according to the same rules as in the calculation (Articles 139, 173-176 of the Labor Code of the Russian Federation). But in the case of student leave, all calendar days included in it, including weekends and non-working holidays, are subject to payment (clause 14 of the Regulation, approved by Decree of the Government of the Russian Federation of 12.24.2007 N 922).

The average earnings accrued for the days of study leave must be paid to the employee in the standard period for transferring vacation payments - no later than 3 calendar days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation, Letter of Rostrud dated July 30, 2014 N 1693-6- 1).

Student leave application

As already mentioned above, in order to provide educational leave on almost any of the "student" grounds, the employee must provide the employer with a certificate-call from the educational organization. In some cases, other documents may also be used to justify the need for educational leave. For example, if your employee is going to defend a thesis and receive a Ph.D. or Ph.D. degree. In this case, he will provide you with an extract from the decision of the dissertation council (clause 5 of the Rules, approved by the Decree of the Government of the Russian Federation of 05.05.2014 N 409).

But regardless of the reference-call (extract from the decision of the council), the employee must also write an application for vacation. If the application indicates the same number of vacation days as in the certificate-call, or less, the employee must be granted vacation in accordance with the application. It can be composed, for example, like this.

Application for student leave (sample) Director General of Kaleidoscope LLC AA Samokhin

Statement

from 16.05.2019 N 3

On granting additional leave

for passing intermediate certification

Please provide me with additional leave from 06/03/2019 to 06/28/2019 with the preservation of average earnings for intermediate certification at the federal state budgetary educational institution of higher professional education "Russian State Social University". Help-call from the university dated 05/13/2019 N 954 is attached.

Business planning department specialist Korzhova M.Yu.

If it so happens that for the academic year, in accordance with the call certificates, you will have to provide the employee with additional leave for a total of a longer period than provided for by the Labor Code of the Russian Federation, then he will need to pay for the vacation days in accordance with the restriction on the Labor Code, and the rest of the days get on unpaid leave.

Employee's study leave in personnel documents

Granting additional educational leave to an employee naturally requires a certain amount of paperwork.

Order. As in the case of annual paid vacations, it is necessary to issue an order in form N T-6 (). In it, in section "B", indicate that the employee was granted additional leave with the preservation of average earnings, the dates of its start and end, the duration in calendar days, the number of paid vacation days.

Time sheet. Vacation days in the form N T-12 or N T-13 (approved by the Decree of the State Statistics Committee of the Russian Federation of 05.01.2004 N 1) should be designated by the following codes:

if the vacation is provided with the preservation of the average earnings, then the letter code "U" or the digital code "11" is used;
if the leave without keeping the average earnings - the letter code "UD" or the digital code "13".

Employee's personal card. It makes a note about the employee's additional leave in Section VIII.

Other guarantees for employees combining work and study

Once a year, the employer must pay travel to the location of the educational institution and back to employees who successfully study by correspondence in the organization:

or higher professional education - in the amount of 100% of the fare (Art. 173, Art. 173.1 of the Labor Code of the Russian Federation);
or secondary vocational education - in the amount of 50% of the fare (Art. 174 of the Labor Code of the Russian Federation).

In addition, workers who combine work and training can be reduced working hours. The reduction rules depend on the level of education received, the form of education, etc. (Art. 173-176 of the Labor Code of the Russian Federation).

Features of study vacations

Additional study leaves have their own characteristics that employers should not forget. Let's list some of them.

Feature 1. If the employee falls ill during the study leave, the leave is not extended. Since it is provided for completely specific purposes and for the period indicated in the help call. Accordingly, for the days of temporary incapacity for work falling on vacation, the benefit is not paid (subparagraph 1 of part 1 of article 9 of the Law of December 29, 2006 N 255-FZ, subparagraph "a" of paragraph 17 of the Regulations approved by the Decree of the Government of the Russian Federation of 15.06.2007 N 375). If the employee continues to get sick even after he has to go to work (at the end of the study leave), then from the day following the last day of the vacation, he should be credited with an allowance (Article 183 of the Labor Code of the Russian Federation, Part 2 of Article 5 , part 1 of article 13 of the Law of December 29, 2006 N 255-FZ).

Feature 2. The study leave cannot be shortened due to production needs, i.e. the employer is not entitled to provide the employee with a vacation of a shorter duration than indicated in the call-out certificate. The exception is that an employee, on his own initiative, writes a vacation application for a shorter period.

Likewise, the employer does not have the right to refuse to grant the employee an educational leave in the presence of a certificate-call from the educational institution.

Feature 3. An employee cannot be recalled from study leave (Article 125 of the Labor Code of the Russian Federation). Otherwise, it would lead to a change in the length of the vacation.

Feature 4. Study leave cannot be replaced with monetary compensation. Such a substitution would be contrary to the intended purpose of the leave.

The employees who decide to raise their level of knowledge are faced with the following questions: how such a period is paid and to whom it is provided. Let us dwell on these points in more detail.

This is the time given to employees for training in special institutions. This period is paid or issued without pay.

During such a period, absence from the workplace takes the form of:

for a certain period of time;
reducing the working time, reducing the working week to four days or hours daily.

Leave due to training is regulated by Articles 173-176 of the Labor Code of the Russian Federation.

It is provided in full-time, part-time, evening, part-time and full-time in the following institutions:

general education evening schools;
giving special vocational education;
universities;
under the bachelor's, master's and specialty programs.

Registration

The student writes an application addressed to the employer about leave for study or reduction of working hours.
A call certificate is attached to the application. The document has two parts. The second one returns to the enterprise with a mark of successful completion.
The leader issues an order.

How to calculate your study leave

Those receiving secondary education in the evening form are given a deferral from work for the duration of the exams for grade 9 - for 9 days, for grade 11 - for 22 days.
The absence period for passing the entrance examinations for admission to vocational school is 10 days.
For admission to universities - 15.
This amount is used by the employee to pass the final certification at the end of the preparatory courses at the university.
Part-time students and listeners of evening departments are entitled to 40 calendar days for 1 and 2 courses to pass the examination session, and for subsequent courses, the duration is increased to 50.
When an employee studies at an institution of secondary vocational education in the evening or part-time department, his additional leave lasts 30 days for the 1st and 2nd year, and for the next - up to 40.
The delivery of the intermediate attestation of full-time students lasts 15 days, and in secondary specialized institutions - 10.
Preparation and defense of the diploma project, state exams at the university are released from work for a period of 4 months.
In secondary vocational institutions - for 2 months.

Certain categories of working students are required to reduce work time... Night school students are legally reduced to 7 hours a year during the year by reducing the length of daily shifts or by providing additional days off.

Such a reduction is also due to students of universities, vocational schools, correspondence students and evening students for ten months before state exams and the defense of a diploma.

Privileges

Russian legislation has defined benefits for students of employees.

Exemption from professional duties.
Reducing the time for fulfilling labor obligations.
Cash payments.
Compensation for the cost of travel to educational institution and back.

Benefits are not provided to everyone and not in full.

The legal release of employees from work is possible in the case when the received education is the first in the given department. For a second higher or special education - at the request of the employer or at his own expense.

Legal suspension of work with subsequent material compensation occurs only at the main place of work of a citizen. At the enterprise, part-time leave is possible at the expense of the employee.

Payment is made to those who have no arrears under the program. This information is confirmed by a help call.

An employee is released for advanced training in institutions with a state license. Otherwise, the wishes and possibilities of the employer are taken into account.

Payment

Financial payments to student employees are not made in the following cases:

obtaining a second education of this level;
the educational institution has no state. licenses;
work at the enterprise is part-time;
the student is presented for expulsion;
time for passing exams at the preparatory departments of universities and entrance examinations to any other institutions is not subject to payment;
the law exempts full-time students from paying compensation, passing midterm certification, state exams and thesis.

The manager has the right to pay for the training of employees in the given situation by mutual agreement.

The average salary is accrued to an employee in case of successful study at universities that provide special vocational education in correspondence and part-time forms. This applies to the delivery of the session, state exams, and the defense of the diploma.

Pupils of evening schools are paid the average salary for the period of passing the final exams.

Payment in the amount of 50% of the salary - part-time students and students in evening schools for the period of a reduction in the working week.

The calculation is made three days before the start of training.

In the absence of confirmation that the employee was at school, the employer may require the unscrupulous employee to return the money paid.

Not produced.

Part-time students studying in another city are provided with a discount on the return of the fare. But there are nuances.

Travel compensation is paid once a year.
Extramural students are paid 100% of the cost.
Students in special professional institutions - 50%.

Study leave - features

The design and presentation is similar to the main one, but there are differences.

The period is not extended due to public holidays or due to illness, as is the case with regular holidays.

It cannot be part of the basic, which is required by law. If it coincides with the training schedule, legal rest is postponed to another time at the request of the employee.

The acquired specialty may not correspond to the professional obligations performed by the employee at this time.

Vacation is provided regardless of the time of admission: before applying for a job or after.

Labor Code Russian Federation enables citizens of the country to exercise the right to receive education without interrupting the production process.

Study leave The Labor Code - Article 173 - refers to the state guarantees of education. The procedure for its provision, registration and payment is somewhat different from the annual paid leave. Let's consider these features in our article.

When and how study leave may be granted

The Labor Code of the Russian Federation indicates several points that must be taken into account when issuing leave in connection with training (hereinafter referred to as OCO):

CCA can only be taken at the main place of work;
the university must have state accreditation, which is confirmed by a separate certificate from the educational institution or the inclusion of the necessary data in the certificate-call;
an employee receives a higher professional education (hereinafter referred to as HPE) for the first time; an exception is the case when a new malware is obtained at the initiative of the employer;
to obtain a CCA, the employee must provide a certificate-call from the university and ask for leave in writing by writing a corresponding application.

Study Leave Application: Sample

The application must include all information that will affect the provision, registration and payment of study leave.

can be downloaded here .

A duly agreed statement will be the basis for both the vacation order and the related settlements with the employer.

How to issue a vacation order, read the article "Order for annual paid leave - sample and form" .

The order form is also suitable for registration of educational leave.

Other terms of the CCA can be included in the employment or collective agreement. As a rule, these are “mitigating” conditions. According to the Labor Code of the Russian Federation, the employer is obliged to provide a CCA only in the stipulated cases, and under an agreement with the employee, leave can be provided in other situations. For example, you can apply for a vacation, even if the educational institution does not have state accreditation.

How long and how is study leave paid in 2019

The payment for study leave under the Labor Code provides for differences depending on the form of study and on what the CCA is provided for.

NOTE! The Law "On Education in the Russian Federation" dated December 29, 2012 No. 273-FZ establishes various types of HPE, including education according to the standards of bachelor's, specialist's and master's degrees. The subject of consideration in Art. 173 of the Labor Code of the Russian Federation are specifically these types. However, there may be others according to different standards.

The main nuances of the duration and payment of the CCA in accordance with Art. 173 of the Labor Code of the Russian Federation are presented in the table:

	Why is CCA provided	Maximum duration of CCA	Payment
Bachelor's, Specialist, Master's Degree	Entrance exams	15 calendar days
	Certification in the preparatory departments of universities	15 calendar days
	Intermediate certifications in full-time education	15 calendar days
	Passing state exams in full-time education
	Preparation and defense of the final qualifying work and passing the final state exams in full-time education
	Intermediate certification at the 1st and 2nd courses in correspondence or part-time studies	40 calendar days
	Obtaining higher education in a shortened time on the 2nd year for correspondence or part-time studies	50 calendar days
	Intermediate certification in the 3rd and subsequent courses in correspondence or part-time studies	50 calendar days
	State final attestation in correspondence or part-time studies	up to 4 months

The calculation of the CCA compensation is always based on the average earnings.

According to Art. 173 of the Labor Code of the Russian Federation, at the request of an employee studying in absentia or part-time, a work week shortened by 7 hours can be provided. Such provision is allowed:

for a period of up to 10 months before the final certification;
with payment of 50% of the average earnings for the released time.

Is the employer obligated to pay the expenses related to studies

In addition to the time spent on the training process, the employee bears other costs:

for educational materials and manuals;
for travel to the place of training and back;
for renting housing for the period of the session (defense), if the place of study is in another city, etc.

According to the standards of the Labor Code of the Russian Federation, the employer undertakes to pay only the travel expenses to the university and back:

Once a year;
for correspondence students;
subject to successful studies.

NOTE! What is meant by "successful study" is not specifically explained. Therefore, if the student successfully passes the intermediate exams (certifications) and continues his studies, his studies can be considered successful.

The employer does not have to pay for other expenses. Additional compensation may be provided for by contracts with employees.

Separate nuances for granting and paying for vacation

CCA is given in calendar days without extension for holidays. Holidays are billed as regular calendar days.
In the event of disability during the CCA period, it is not extended, and sick leave during this period is not paid. If the CCA is over, but there is no disability, those sick days are paid when the employee had to work.

An employer cannot:

refuse CCA;
transfer CCA;
replace it with monetary compensation.

The CCA does not revoke the entitlement to basic leave. It is allowed to join the CCA to the main leave (Art. 177 of the Labor Code).
The CCA should not coincide with any other leave. If an employee is on another vacation, he will have to be interrupted (rescheduled) to issue a CCA.

How to reschedule another vacation, read the material "Application for the transfer of leave - form and sample" .

Outcomes

CCA is a guarantee that ensures the right of a citizen to receive an education, therefore it differs from other types of leave. For correct registration and payment, the requirements for study leave of the Labor Code and the nuances arising from the special characteristics of such leave should be taken into account.