How many days of study leave are paid per year? Study leave for part-time study

The employer is obliged to provide the employee with study leave, but this does not mean that in all cases it is paid.

From the article you will learn:

Study leave

Article 173 of the Labor Code (study leave) provides for hired workers the right to release from work for the period of their mandatory training. training events, which are required to obtain the appropriate diploma of completion of training at this level. At the same time, not every employee undergoing training can receive study leave: for this, it is necessary that his situation meets a number of criteria established by current legislation.

The most important of them are the following:

the employee receives education at the appropriate level for the first time. This means that in other cases he is not entitled to study leave - for example, this rule applies if he receives a second higher education. In such a situation, experienced personnel service workers recommend devoting the main vacation time to passing exams and tests or negotiating with the employer about registration unpaid leave;

the educational organization in which he is studying has valid state accreditation;

the employee successfully masters the educational program (success criteria are usually established by the educational institution itself);

In addition, an individual or collective agreement or other regulatory document regulating the rights of an employee and the obligations of an employer may also include other possibilities for providing leave for training. When considering them, it is necessary to keep in mind that these documents cannot worsen the employee’s position in comparison with current legislation. Check out this material to understand how this can be implemented in practice.

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Pay attention! According to the provisions of Art. 287 of the Labor Code of the Russian Federation, an employee has the right to pay for study leave only at his main place of work. When working part-time, he will have to arrange the necessary rest days at his own expense.

Providing study leave under the Labor Code (Article 173) is an obligation, not a right of the employer. This means that in this case he does not have the opportunity to refuse to grant the employee such leave. In addition, it is important to take into account that in this situation the employee’s length of service with a given employer does not matter. He can receive study leave even before he has worked for six months in this organization. Find out what to do if your study leave coincides with other types of leave, such as parental leave, by reading our .

Duration of study leave for students of higher educational institutions

Providing study leave to an employee is possible for different periods of time. In particular, vacations for university students are regulated by the provisions of Art. 173 Labor Code of the Russian Federation. The maximum vacation time depends on a number of factors, including the type of education, type of educational program and some other nuances. So, certain types vacations are provided with preservation average earnings during the period of absence from work:

for passing state exams and defense thesis An employee has the right to receive leave of up to 4 months.

Pay attention! These types of leaves are provided only to employees studying on the job, that is, part-time or part-time.

In addition, for a number of training events, the employer is obliged to provide the employee undergoing training at the university with leave without pay:

for full-time students - 15 calendar days for regular sessions, one month for state exams, four months for state exams and diploma defense.

In addition to leave, for university students the current Labor Code also establishes additional guarantees And compensation, including:

payment by the employer for travel to the location of the university and back (for part-time students, once a year);

for final year students - a shortened working week, the duration of which is 7 hours less than the standard one. The reduction can be made by cutting the standard working day or maintaining its duration with the provision of one completely free working day per week (for part-time and part-time students, within 10 months before the final certification). At the same time, time freed from work for training is subject to payment in a special order: how exactly it needs to be paid, read in our material.

Pay attention! The duration of study leave granted to an employee is measured in calendar days.

Duration of educational leave for students of secondary specialized educational institutions

By analogy with university students who Labor Code gives study leave under Article 173, the right to receive study leave under Art. Students of secondary specialized educational institutions also have 174. Paid leave provided to part-time and part-time students:

To pass state exams and defend a thesis, an employee has the right to receive a leave of up to 2 months.

In this case, an employee simultaneously studying in two educational organizations has the right to receive leave and other benefits only in connection with receiving education in one of them - at the employee’s own choice.

Pay attention! In the described case, the employee may lose the right to choose between organizations if only one of them has state accreditation: then leave is granted for training in this particular institution.

Help-call

Thus, the procedure for applying for study leave requires that the HR employee organizes the receipt of two necessary documents. The first of them is a challenge certificate sent to the employee undergoing training by the educational institution providing him with the relevant services. This document is prepared by the educational institution and handed to the student for presentation at the place of work.

The form of the summons certificate was approved by order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013. When receiving a summons certificate from an employee in the prescribed form, the personnel officer must check a number of important points that determine whether the employee has the right to be granted leave - in particular:

1. availability of state accreditation educational institution;
2. the right to receive paid leave;
3. the number of days the employee is entitled to in connection with the training.

Recording study leave in the working time sheet

Student leave under the Labor Code (Article 173) with retention of the right to payment of wages for the period of absence from work can be received by employees who combine labor activity with higher or secondary vocational education. At the same time, however, prerequisite for such a right to arise is special shape obtaining such education - part-time or part-time, that is, without interrupting work. Check out our material to find out what set duration such paid leave for employees.

Based on the submitted documents from the educational institution, the employer must provide such employees with study leave to undergo training activities in accordance with Art. 173-177 of the Labor Code of the Russian Federation on study leave. To reflect study leave with pay in the form of a time sheet, code U or 11 should be used.

Study leave is the number of days guaranteed by the Labor Code, required according to the standards of an educational institution to carry out the learning process of a student or schoolchild.

In addition to the Labor Code, the procedure for granting leave is regulated by laws on education.

This type of leave is provided and is paid subject to certain requirements: necessary conditions and the availability of a call certificate.

Conditions for receiving study leave

According to the country's Labor Code, citizens who are officially employed in the territory of any constituent entity of the Russian Federation and receive the following types education:

1. Any course other than full-time (evening, distance learning, full-time) conducted at the university.
2. Secondary professional.
3. Initial evening (shift).

According to the law on higher postgraduate education, postgraduate and doctoral students are also entitled to receive study leave.

Conditions for applying for study leave:

1. This is the first time this level of education has been achieved. This means that the employee has the right to receive, with the provision of paid leave, one higher, secondary or primary education.
2. The employee is sent for training by the organization that is his main employer.

If an employee receives several types of education at the same time, compulsory study leave is possible only for one of them. Also important factors The granting of leave is successful study and education at a state university.

Study without retakes and satisfactory grades is considered successful.

Calculation and payment of study leave

The calculation takes into account the employee’s average salary for the last year. However, the legislation does not specify any restrictions on length of service.

Each day of study leave is paid in the amount of daily average earnings.

The maximum number of days provided is regulated by the labor code, the nominal number is indicated in the educational institution’s letter of invitation.

The amount of payment per day of study leave is calculated using the formula:

where ГЗ is annual earnings, 12 is the number of months in a year, 29.4 is the average number of days in a month.

There is a practice of paying monetary compensation if it is necessary for a graduate student to remain in service, similar to the practice with annual leave.

Although there are no provisions in the Labor Code prohibiting such practices, difficulties and confusion are possible when submitting reports to the tax service, therefore the Federal Tax Service has an extremely negative attitude towards this species compensation.

Payment for study leave is calculated by an accountant or directly by the employer. The calculation can be done in any program, for example, Microsoft Excel.

According to the 2011 decree, organizations are required to form a reserve for the payment of vacation pay of any type.

Obtaining study leave when an employee receives a second higher education

In this case, two laws come into conflict: the Law on Higher and Postgraduate Education and Article 177 of the Labor Code of the Russian Federation.

The first speaks of the need to provide study leave, regardless of how often the employee receives it; the Labor Code stipulates the organization’s responsibilities in relation to the student employee only in the case of receiving his first education.

On April 8, 2004, the Constitutional Court considered a complaint from a citizen of the Russian Federation in connection with the infringement of human rights by Article 177 of the Labor Code of the Russian Federation. The claim was based on Article 43 of the Constitution on the right of every member of society to receive education, which is free and accessible to the public.

The Constitutional Court ruled that Article 177 does not prevent the receipt of such education, but is a guarantor of harmonious relations between participants in the work process.

Based on this, we can say that Article 177 of the Labor Code of the Russian Federation has greater legal force, and the employer is not obliged to pay for leave to attend classes or pass a test when an employee receives a second higher education.

An employee can count on annual unpaid leave if the employer is notified of his receipt of a second education and does not object

Leave is granted at the request of the employee in writing or electronically without remuneration or accrual of length of service. This issue is regulated by Article 128 of the Labor Code of the Russian Federation; the duration of the vacation is determined by contract.

Unpaid study leaves

The employer must provide the employee with leave with or without pay at its discretion in the following cases:

1. Submitting documents to an educational institution - 15 calendar days once a year to take entrance examinations.
2. Visit preparatory courses on the basis of an educational institution - 15 calendar days once a year.
3. Conducting the practical part scientific work, defense of a diploma project, preparation and passing of state exams by full-time students - 4 months at a time.
4. Attendance of tests and exams by full-time students – 15 calendar days once a year.

Controversial situations

Often, when granting study leave, emergency and non-standard situations occur that are not regulated in any way by current legislation.

1. Coincidence of annual main leave with educational leave. During this period of time, the employee is listed as on basic leave. In this case, the employer is not obliged to extend it or pay monetary compensation.
2. The timing of educational leave coincides with administrative leave or leave without pay. As in the previous case, the employer has the right, but not the obligation, to pay for study leave or provide compensation.
3. An employee falls ill during study leave. In this case, payment of temporary disability benefits is made from the first day of the expected start of work.
4. Holidays and weekends during study leave are paid according to the average salary.

Application for use of study leave, sample:

Employees who combine work and study may go on study leave. This right is provided for by labor legislation.

Study leave cannot coincide with other leaves. For example, if an employee is on parental leave, then in order to receive educational leave, he will have to interrupt it.

By analogy, the issue of annual leave is resolved. In this case, study leave can be added to the annual one. In this case, among other things, the employee will be required to apply for leave. An employee cannot demand a combination of two vacations; such a long absence from the workplace is possible only with the consent of the employer.

If an employee studies in two educational organizations at once, guarantees and compensation are provided only in connection with training in one of them. The choice of educational organization in this case remains with the employee.

Attention

Please note that an employee who has gone on study leave cannot be deprived of the right to annual paid leave.

Study leave is granted in calendar days. In this case, non-working holidays that fall during vacation are included in the calculation of time. They are paid as regular calendar days. The vacation may be divided into several parts, but total quantity days should not exceed the established norms. Labor legislation does not provide for the possibility of recalling an employee from study leave.

Among other things, the employer cannot refuse to provide study leave or replace it with monetary compensation. This is due to the fact that this leave does not equate to the employee’s rest time, but is a guarantee that provides the opportunity to obtain an education.

Also, once a year the employer is obliged to pay travel (round trip) to an educational organization for an employee who is studying in the correspondence department. In this case, the employee must be trained in secondary vocational or higher education programs.

Travel for studying under a higher education program is paid in full, and for a secondary vocational education program - 50 percent of the cost of travel.

Prerequisites

The right of a student employee to study leave is enshrined in law. At the same time, the Labor Code establishes conditions, the fulfillment of which obliges the employer to release the employee for certification or mastering educational programs.

Firstly, requirements are put forward for the educational organization in which the employee is studying. It must have state accreditation. This status of the educational institution is confirmed by a certified copy of the certificate, which the employee can request in educational institution. Also, information about the availability of accreditation must be indicated in the summons certificate (registration number, date of issue, full name of the body that issued the certificate of state accreditation), which is provided by the employee.

However, an employer can allow an employee to go on paid study leave, even if the educational organization does not have state accreditation. To avoid misunderstandings with inspectors, it is better to stipulate this possibility in an employment or collective agreement.

Secondly, it is mandatory to send those employees who are receiving education at the appropriate level for the first time on paid study leave. If an employee receives, for example, a second higher education, the employer is not obliged to allow the employee to go on study leave. Of course, if the corresponding “promise” is not spelled out in the employment (collective) agreement or the employer himself did not direct the employee to receive a second higher education degree.

Since September 1, 2013, it has been valid in Russia Federal law dated December 29, 2012 No. 273-FZ “On education in Russian Federation" It establishes the following levels of general education:

• preschool general education;
• primary education;
• basic general education;
• secondary general education.

And levels of professional education:

• average vocational education under training programs for qualified workers (employees), mid-level specialists;
• higher education - bachelor's degree;
• higher education - specialty or master's degree;
• higher education - training of highly qualified personnel in programs for training scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs, assistantship-internship programs.

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.

The second highest education is considered to be obtained:

• for bachelor's or specialist's programs - by persons who have a bachelor's (specialist's or master's) diploma;
• for master's programs - by persons with a specialist (master's) diploma;
• for residency or assistantship-internship programs - by persons who have a diploma of completion of residency (assistant-internship);
• for training programs for scientific and pedagogical personnel - by persons who have completed a postgraduate (adjunct) diploma or a candidate of sciences diploma.

At the same time, studying a master's degree for an employee with a bachelor's degree will not be considered a second higher education. Therefore, such an employee can take advantage of the guarantees provided by labor legislation.

The call certificate must indicate the level of education the employee receives.

Thirdly, a working student must demonstrate academic success. While establishing such a condition, the Labor Code does not clarify what exactly is meant by successful study. In practice, it is considered that training is successful if a working student has no debt for the previous course (semester), he has passed all tests (work, exams) and has not been expelled from the educational institution. Also, the employee must provide a certificate of summons from the educational organization.

Duration and “payment” of the session

Labor legislation establishes specific terms for study leave, which the employer is obliged to provide to the employee. The duration depends on the purpose of the leave and the form of training. Moreover, depending on the basis for leave, it can be provided both with preservation of wages for the duration of the session, and without preservation (see table).

Table 1. Duration of paid leave

However, at the discretion of the employer, these periods may be extended. The corresponding remarks must be contained in the labor or collective agreement.

Registration of study leave

Reduced working hours

In addition to the right to study leave, an employee who combines work with study is provided with other guarantees.

Thus, an employee receiving higher or secondary vocational education through correspondence and part-time forms of study for a period of up to 10 academic months before the start of the state final certification has the right to reduce the working week by seven hours. This time is paid at the rate of 50 percent of average earnings, but not less. In this case, an agreement must be concluded between the employer and employee, which indicates how the reduction will be reduced. working hours: one day off from work per week or a reduction in working hours during the week.

When receiving education under highly qualified personnel training programs, an employee has the right to one day off from work per week, which is paid in the amount of 50 percent of the salary received. Also, the employer, at its discretion, can reduce the working week by two days for an employee who is studying under highly qualified personnel training programs in his final year ( correspondence department). This time is not paid.

If an employee receives basic or secondary general education through part-time study, then during the academic year he has the right to reduce the working week by one working day or by the corresponding number of working hours (if the working day is reduced during the week). In this case, it is also necessary to conclude an agreement that will determine the method of reducing working hours. Payment for these hours is made in the amount of 50 percent of average earnings, but not lower than the minimum wage.

I.R. Svetlichnaya, lawyer, for the magazine “Practical Accounting”