Step-by-step convenient instructions: how to calculate an employee’s educational leave. Formulas and visual examples

A working person can receive an education without losing his position. Often an employer is interested in improving the qualifications of his employee, but even if not, he is required by law to provide training conditions. Such conditions are additional time free from work responsibilities, without loss of place and average earnings, that is, the provision of study leave. This is not a vacation, but a targeted provision of opportunities for development, enshrined in the labor legislation of the Russian Federation.

What nuances should an employer take into account when arranging and paying for such leave? How should a training employee act correctly, and what can he count on? What forms of training are not covered by legal guarantees? We look at it in detail below.

On statutory leave

The Labor Code of the Russian Federation stipulates issues related to educational leave for employees in Chapter. 26, art. 173-176. These articles stipulate the conditions and terms for providing time for study, as well as guarantees of payment.

Additionally, the topic of study leave is touched upon in Article 287 of the Labor Code of the Russian Federation, which deals with part-time work. It states that you can only go on study leave at your main place of work. Part-time workers can apply for free days only “at their own expense” if the employer and the employment contract allow.

The rights of future graduate students and doctoral students, if they are working, are taken into account in the Federal Law “On Higher and Postgraduate Education” No. 125 of August 22, 1996.

Useful video

Features of payment for days off provided in connection with combining study and work are discussed in this video:

For each vacation day received by an employee for study, the average earnings are retained if the conditions of the labor code are met and the employee provides an application and a call from the educational institution.

You can only count on payment for part-time or part-time courses when receiving your first education. The payment of funds is made by the employer at the main place of work.

Where, who and under what conditions can you study on vacation?

Development is a laudable aspiration for any person. But not all training will allow an employee to take study leave. There are a number of restrictions prescribed by law.

1. The state gives the go-ahead . Studying without interruption from work is possible only in an educational institution that has state accreditation. A certificate of it can be obtained at the place of study, the relevant data is also entered into the summons certificate, on the basis of which leave is granted.
2. There's only once a first time. Leave is granted if the employee receives education of the appropriate level for the first time:
   • secondary vocational training for mid-level specialists;

   higher education (bachelor's, specialist's, master's level);

3. graduate school or residency.

FOR YOUR INFORMATION! Receiving a second education does not give you the right to study leave. In this case, the second education is considered to be training to obtain a diploma of the same level, but in a different specialty than the one already existing. And if, for example, an employee with an employee’s diploma wants to receive mid-level training, or a bachelor’s degree enrolls in a master’s degree, then this will be considered advanced training, and not a second education, and study leave should be allocated for it.

4. If you study poorly, you don’t go on vacation! A working student must be successful. By default, studying without academic debt for the previous session is considered successful. The absence of “tails” will be proven to the manager by a copy of the record book.
5. Full-time students are not paid . Students enrolled in full-time study are entitled to vacation days to enroll and take exams, but the employer will not pay for this time. Issues of visiting both work and place of study are resolved by the student employee himself on an individual basis.

How much in days and money?

Study leave is counted in calendar days. The issue of maintaining payment (average monthly salary) depends on the purpose for which the leave is provided.

The table contains information about the timing and payment of various vacations, the purpose of which is educational activities.

IMPORTANT INFORMATION! Study leaves are paid in advance, no later than 3 days before their start. Success, which is one of the necessary conditions for granting leave, is taken into account based on the successfully closed previous session.

Payment order

Let's determine the key principles of how study leave is paid for part-time students in 2021. General standards are enshrined in Art. 173, 173.1, 174, 176 of the Labor Code of the Russian Federation, as well as in paragraph 14 of Government Decree No. 922 “Regulations on average earnings”.

In accordance with the standards, payment is calculated based on average earnings for each calendar day of the training period. The calculation includes all weekends and non-working holidays that fall during the educational period. The principle of calculating average earnings is similar to the rules for calculating the average salary for paid leave.

IMPORTANT!

The accrued amount must be paid three calendar days before the start of training (Article 136 of the Labor Code of the Russian Federation and Letter of Rostrud dated July 30, 2014 No. 1693-6-1).

How to calculate study leave in 2021:

1. We determine the billing period. It corresponds to 12 calendar months preceding the month of the start of the period. For example, an employee goes for training in May 2021. The calculation includes the period 05/01/2018-04/30/2019.
2. If maternity leave or maternity leave falls during the billing period, then the periods must be replaced with earlier dates.
3. The calculation base includes the amount of accrued earnings and other remuneration for labor due for the time actually worked. Exclude benefits, travel payments, and vacation pay from the calculation.
4. Determine the hours worked using time sheets. Take into account all days worked, including holidays and weekends worked. But exclude days of illness, vacations and business trips from the calculation.
5. For a fully worked month, include 29.3 days in the calculation ((365 days a year - 14 holidays) / 12 months). If the month is partially worked, then calculate the time worked using the formula: 29.3 / number of days in the month × days worked.
6. Calculate your average earnings by dividing the accrual base by the actual time worked.
7. Calculate the amount of vacation pay as follows: multiply the average daily earnings by the number of paid days of the MT.

Study leave and other non-working days

This type of leave is targeted, so it does not replace time for rest or restoration of performance. It is granted independently of all other types of leave.

NOTE! The employer has no right to refuse study leave, nor to reduce or cancel other types of leave on this basis. Monetary compensation in lieu of study leave is also not provided. An employee cannot be recalled from study leave.

Let's consider the various nuances that may arise when combining school and other types of non-working days.

1. Vacation coincided with vacation . The employee is on annual leave, maternity leave or parental leave, and at this time he needs to take the next exam. What should I do? Study leave cannot be combined with other types of free days. Either the employee will go to study from the current leave, or interrupt it and then receive the right to study leave. In this case, annual leave can be extended, postponed, or received compensation for “lack of work” days.
2. I'm sick, but I'm learning . An employee is on sick leave, his illness coincided with his studies. It plays a role here which reason for absenteeism worked first. Went to study - only days of study leave will be paid, but not sick leave “within” school days. The same situation, if you get sick before school time, then they will not pay for school days “within” sick leave. If, after graduating, the employee did not have time to recover, then payment for days of incapacity for work will be accrued starting from the day on which he was supposed to return to work.
3. Weekends and holidays . Calendar days allocated for study leave do not take into account weekends and holidays - it is considered that the student continues to study on these days. The law establishes a certain number of days for study, but if necessary, they can be divided into various intervals, and also extended if the employer does not mind and the content of the employment contract allows.

Study at your own expense

If the employer is not obliged to pay an employee for his study leave, this does not mean that he can prohibit the employee from taking it at his own expense. A similar obligation arises if the employee writes a corresponding statement.

Please note that an employee can receive unpaid study leave only if he is studying at a university or secondary vocational education institution. The minimum terms of such leave are also provided for by law (see table 2).

Table 2. Duration of unpaid leave

The employer sends you to study

It often happens that an employer wants to train its personnel independently. He can send an employee to receive the necessary education at the expense of the company. Naturally, in this case, the employee will also receive paid study leave for the period established by law. It will be much easier to agree on its extension if necessary, as well as allocating additional days at your own expense.

Such relationships are documented in a special apprenticeship agreement attached to the employment agreement. It stipulates the guarantees of the employee and the manager, as well as the procedure for “working off” the education received: for example, this document often contains a clause stating that after graduation the employee must work for at least 6 months or upon dismissal, reimburse the cost of training.

What the law says

Problem: a student has the right to work in his free time from studying. However, studies do not adapt to the needs of the student and can change their intensity (especially during the session). At the same time, the employer expects all employees to comply with the work schedule. How can a student combine work and study?

The Labor Code of the Russian Federation states that the employer is obliged to release the employee from work for the period of passing the session and final certification. To exercise this right, the student must be educated at an educational institution with state accreditation.

If a student needs to take a study leave, he or she can safely leave. At the same time, his job is preserved. As for maintaining wages during study leave, this is always at the discretion of the employer.

In some cases, a student at an unaccredited university may be able to receive legal student leave. For example, if this is specified in the collective/employment agreement

We arrange it correctly

The procedure for a student employee who wishes to obtain the right to go on study leave:

1. Receive a summons certificate from the educational institution, which must contain information about the accreditation of the institution, vacation periods, type of educational activity (form approved by order of the Ministry of Education of the Russian Federation No. 1368 dated December 19, 2013);
2. Write an application for educational leave in free form, making sure to indicate its purpose (final certification, defense of a thesis, state exams, etc.);
3. Submit the application and the first part of the summons certificate to the manager;
4. The second part of the certificate (confirming the results of the leave) must be presented at the end of the study leave.

ATTENTION! For the employer, the registration procedure is no different from how it is done for regular leave.