5 steps to apply for study leave without violating the labor code. Important points to know

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.

The legislative framework

• University students need to focus on the nuances regulated by Article 173 of the Labor Code of the Russian Federation;
• Students of technical schools, colleges and lyceums need to rely on Art. 174 Labor Code of the Russian Federation;
• Correspondence students and evening school students should be guided by Art. 176 Labor Code of the Russian Federation;
• Under what conditions the vacation time will be issued is disclosed in Art. 177 Labor Code of the Russian Federation;
• A person working part-time must be guided by Art. 287 Labor Code of the Russian Federation;
• The nuances of vacation time are regulated by the law “On Education in the Russian Federation” and orders of the Ministry of Education and Science of Russia.

Concept

Study leave is time allocated to an employee when he combines both work and study. Given for passing a session, defending a diploma or dissertation, etc.

It does not matter how long a person has worked in this particular institution - a single day or many years. The employer is required to provide additional time for the study process .

In this case, it does not matter whether he himself sent the worker to study, or whether the person studies at his own request. Study leave cannot be replaced by any other type.

Features of payments

According to Article 120 of the Labor Code, official public holidays are not included in vacation pay. Days are transferred after their completion, that is, a kind of prolongation. However, this rule does not apply to study leave.

Since this type is calculated only on a calendar basis, it can be paid without any transfers in the established average amount, or in double amount for holidays.

Another pressing issue that arises is the payment of alimony. All transfers that were calculated based on the average tariff are recorded in the income item. Accordingly, they may be recovered to pay court debts, including alimony.

Terms of service

• This is the first time a person has received education at this level. That is, if a person already has, for example, a higher education and wants to complete a second one, providing him with leave is not the responsibility of the manager .

This rule applies to master's degree studies if the employee entered it after completing a bachelor's (specialist's) degree.

• If a person studied, but for some reason did not complete his studies, it will be considered that he is completing it for the first time . Even if the training is repeated, leave will be granted if the manager himself sent the employee to study.
• The educational center must be accredited . The list of these centers is determined by the Federal Service for Supervision of Education and Science. The list is posted for public viewing on the service's website. In cases stipulated by the collective agreement or other local regulations, additional time is given, even if the center is not accredited.
• The employee's educational results must be successful. This means that the person has no student debts for previous periods of study. To confirm this, the student takes a summons certificate from the educational institution. If there are debts, a person can ask for additional days to pay them at his own expense.

Leave is granted exclusively at the main place of work. The procedure for provision is simple - you need to submit an application.

Sample call certificate:

If the employee is a part-time worker, it is not the manager’s responsibility to provide him with additional days. The part-time student will have to take the test either in his own time, or go on unpaid leave.

You can find out how to write an application for leave at your own expense here.

In the working time sheet, study leave with preservation of average earnings is marked with code U (11), without pay - UD (13).

If a person studies in two or more educational institutions, he will receive all the benefits due for studying in only one of them (of his choice).

The duration of study leave cannot exceed that specified in the Labor Code of the Russian Federation. The exception will be the length specified in the collective agreement. An employee does not have the right to put forward a demand to the manager to combine different types of leave . This issue is resolved by agreement of the parties.

Watch a video on how to apply for student leave :

Useful video

Features of registration of student paid and unpaid leaves are discussed in detail in the video:

Providing a break from work for study requires the implementation of a number of steps on both sides of the employment relationship: the employee is obliged to submit applications and receive a standard summons certificate at the place of study, the employer is obliged to issue an order at the request of the applicant and, if necessary, pay for the days off provided.

The registration process is completed by making an entry in the T-2 personal card and making marks on the report card for days of absence.

Review

The law does not provide grounds for recalling an employee . The manager does not have the right to refuse student leave, citing operational necessity, or to recall the employee.

Often the employee himself is interested in the question: is it possible to work during study leave? If a person passes the session or final exams ahead of schedule, he can start working early on his own initiative. The confirmation certificate must indicate how long the person actually took the exams.

Leave can be paid (the person receives an average salary) or taken without pay.

Entering information into the timesheet

By using special designations, the personnel officer notes the employee’s presence at the workplace, what kind of vacation he is on or whether he has sick leave:

• if an employee has taken paid student leave and does not take part in production activities, the designation “U” or the number 16 is used;
• in case of registration of additional days of leave in connection with educational activities, the number 18 or “UD” is entered on the report card;
• when vacation is not paid, use the abbreviation “DO” or the number 22.

A timesheet that records working hours exists at every enterprise, regardless of whether it is commercial or public.

Types of study leave

Full-time training is not subject to financial compensation . But the manager is required to allocate 15 days a year to the employee to take the session.

A maximum of 4 months is allocated for writing and defending the diploma, as well as the final state certification.
The studies that were initiated by the supervisor will be paid for in any case.

Payment for the session

Please tell me whether the average salary will be maintained for the period of the session at the university (correspondence department) in accordance with Article 216 of the Labor Code of the Republic of Belarus, if the student is not studying according to his profile (works as a piano teacher, studies by correspondence at the Minsk State Linguistic University). Thank you.

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The third paragraph of Article 214 of the Labor Code of the Republic of Belarus provides for the right of the employer to provide leave without pay to employees who are successfully studying in institutions that provide higher education through correspondence education, in the absence of a referral (application) from the employer, a contract for training specialists or other grounds provided for in a collective or labor agreement. This leave can be granted by agreement between the employee and the employer for the duration provided for in Article 216 of the Labor Code. Clause 1 of part three of Article 216 of the Labor Code establishes that employees who successfully study in institutions providing secondary specialized and higher education, in a correspondence form of education, are granted leave of up to 20 calendar days for the period of the orientation or laboratory examination session in the first and second years in the academic year, in the third and subsequent years - 30.

Fringe benefits

How are payments made?

The payment depends on the format in which the employee is trained. As mentioned earlier, student leave can be either paid or taken out at your own expense. Regarding employees studying part-time, the average payment amount must be maintained; for a full-time program, a similar opportunity is not provided. Based on Labor Code 173-176, it is possible to register an additional day as a day off once a week, while half the salary for the day is retained.

The calculation procedure is fixed in Resolution 922 dated December 24, 2007. It is worth taking into account that personal income tax is paid on the amount that is withheld for educational leave, and also participates in the formation of the income tax contribution.

The legislation does not fix the period for which the payment must be processed, but it has been established that the procedure is initiated before it occurs:

• if a situation occurs where the employee did not have time to provide supporting documents on time, in any situation the payment must be made;
• then - make an adjustment to the amount of money that was previously paid to the worker;

As for the calculation system, it is no different from the procedure for calculating ordinary leave.
The basis is the calculation of payment for one working day and the average indicator of working days (29.3). To calculate the average due payment per day, you can refer to the following formula: salary accrued for the estimated time, taking into account possible additional payments / number of months / 29.3. Multiply the result by the number of allotted days.

To understand in more detail how the calculation occurs, it is worth taking a closer look at the following example. A person who has been working for an organization for the past five years decides to take a vacation period in order to complete his studies in the second year for 40 days, which he is entitled to within the framework of the legal framework.

1. Over the past year, the total amount of payments, taking into account the amount of the due salary and bonus, amounted to 365,600 rubles. Comparing the information with the work calendar, there are 250 work days per year.
2. Based on the above formula, the average payment per day of work is preliminarily calculated: 365,600/12 months/29.3=1039.81 rubles.
3. The result obtained must be multiplied by the forty-day due period: 1039.81 * 40 = 41592.4 rubles.

Accordingly, for 40 vacation days, the accounting department must accrue to the employee a payment in the amount of 41,592.4 rubles. It is important to take into account that the accrual is made before the deduction of personal income tax, so 13% will have to be subtracted from this amount.

Shortened working hours for students

An employee receives 50% of the average salary, but not below the minimum wage .

Employer's refusal

Often, an employee simply does not know what to do if the employer does not allow him on study leave, and whether he is obliged to give him leave at all.

Denial of student leave is considered a gross violation of Labor Code norms . You need to write an application to the prosecutor's office, the labor inspectorate, or immediately contact the court. The law determines the deadline for filing such an application - no more than three months from the moment the employee discovered that his rights were violated.

The employee’s rights regarding the allocation of study leave are protected by the state. Carefully study the legislative framework and use all the privileges that the manager is obliged to provide you with.

ConsultantPlus: Forums

So, to pay study leave, a confirmation certificate is not required? Can I safely go to the labor inspectorate with a statement? And another question, how can I claim compensation for delayed payment of vacation pay, through the court or the labor inspectorate? PS submitted the application and summons certificate to the HR department 4 days before the start of the session. Thank you.

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In order to arrange and pay for study leave correctly, it is necessary to prepare the following documents: - a certificate of summons from the educational institution; — order to grant study leave; — a note regarding the provision of leave; — confirmation certificate; — employee’s personal card.