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Labor Code granting study leave. Study leave for part-time study

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

When and how study leave can be granted

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

• OCO 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 challenge certificate;
• the employee receives higher professional education (hereinafter referred to as HPE) for the first time; the exception is the case when a new higher education qualification is obtained at the initiative of the employer;
• To receive OCO, the employee must provide a certificate of summons from the university and ask for leave in writing.

Other conditions under the CCA may 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 CCA only in the specified 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 is study leave and how is it paid in 2017-2018?

Payment study leave according to the Labor Code, there are differences depending on the form of training and the purpose for which the CCA is provided.

NOTE! The Law of December 29, 2012 No. 273-FZ established Various types Higher professional education, including education according to the standards of bachelor's, specialist 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 other standards.

The main nuances of the duration and payment of 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 NDE	Payment
Bachelor's, specialist's, master's degrees	Entrance exams	15 calendar days
	Certification in preparatory departments of universities	15 calendar days
	Interim certifications for full-time study	15 calendar days
	Passing state exams for full-time study
	Preparation and defense of graduation qualifying work and passing final state exams for full-time education
	Interim certification in the 1st and 2nd years of correspondence or part-time study	40 calendar days
	Obtaining higher education in a shortened time in the 2nd year for part-time or part-time study	50 calendar days
	Interim certification in the 3rd and subsequent years of part-time or part-time study	50 calendar days
	State final certification for part-time or part-time education	up to 4 months

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

According to Art. 173 of the Labor Code of the Russian Federation, if desired, an employee studying part-time or part-time can be provided with a working week shortened by 7 hours. Such provision is permitted:

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

Is the employer obligated to pay expenses related to study?

In addition to the time spent on the study process, the employee also bears other expenses:

• on educational materials and benefits;
• for travel to and from the place of study;
• for rental 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 travel expenses to the university and back:

• 1 time per year;
• for correspondence students;
• subject to successful studies.

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

Payment by the employer of other expenses is not mandatory. Additional compensation may be provided for in contracts with employees.

Certain nuances regarding the provision and payment of vacation

1. The CCA is given in calendar days without extension for holidays. Holidays are paid as regular calendar days.
2. In case of incapacity for work during the period of compulsory medical insurance, it is not extended, and sick leave during this period is not paid. If the compulsory medical insurance is over, but the incapacity for work is not, those days of sick leave when the employee was supposed to work are paid.

1. The employer cannot:

• refuse the CCA;
• transfer CCA;
• replace it monetary compensation.

1. The CCA does not cancel the right to basic leave. It is permissible to add OSO to the main leave (Article 177 of the Labor Code).
2. The OSO should not coincide in time with any other vacation. If the employee is on another vacation, it will have to be interrupted (rescheduled) in order to issue an OCO.

How to correctly reschedule another vacation, read the material .

Results

OSO is a guarantee that ensures a citizen’s right to receive an education, and therefore differs from other types of leave. For correct design 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.

Instructions

The main conditions for granting study leave, which are listed in the Labor Code of the Russian Federation, are obtaining the first vocational education of a given level, successful completion of the previous session, the need for leave related to passing exams or defending a diploma. In addition, the main requirement for obtaining the right to student leave is state accreditation of the educational institution where your employee is studying.

According to Art. 173 of the Labor Code of the Russian Federation, you can provide student leave, but not pay for it, if an employee takes it to take entrance exams to a university, or if he is a student in preparatory departments of educational institutions of higher professional education, and he needs leave to take entrance exams. It is possible not to pay an employee for study leave even in the case when he is studying full-time and combines study with work, and takes leave to undergo intermediate certification, final qualifying work or pass final state exams.

For those employees who study or enroll in educational institutions of secondary vocational education, you are also not required to pay for study leaves if they take them to pass entrance exams, pass intermediate certification or to prepare and defend their final qualifying work and pass final state exams.

You have the right not only not to pay for educational leave, but also not to provide it to an employee who is studying simultaneously in two educational institutions and has already exercised his right by presenting a summons certificate from one of them.

If the employee does not show great zeal for studying and has not passed the last one, you are legally You can deny him the right to leave and require him to bring a certificate from the dean’s office confirming the absence of academic debt.

Sources:

• Labor Code of the Russian Federation on educational leave in 2019

An employee who combines work with study is granted additional leave while maintaining average earnings. They are given for preparing and passing examination sessions and final state exams. But there are a number of cases when companies do not pay for such vacations.

Instructions

Study leave is not paid if the worker receives an education of the appropriate level not for the first time, that is, this is his second higher education, etc. And if this fact is not provided for in the agreement, which is concluded in writing between the employee and the employer. But at the same time this type restrictions do not apply to student workers who already have a professional education at the appropriate level and are aimed at training at the initiative of the employer company itself. This agreement must be in writing. Having such a written agreement, the employee has the right to apply for educational leave, despite the fact that this is not the first education.

Also, absence from the enterprise to take sessions and exams will not be paid for an employee who combines work with training in two educational institutions at the same time, because according to the law, guarantees and compensation can only be provided when studying in only one of these educational institutions . And which one of them is up to the employee’s choice. The basis for this is Art. 77 Labor Code of the Russian Federation.

You need to know that employer enterprises are required to provide study leave regardless of whether the education being received is related to labor responsibilities employee or not, and also does not play a role before or after hiring training began. Today, vacations are provided for absolutely all forms of education: evening, part-time, full-time, evening-shift and part-time.

An employer may refuse to pay for study leave if the educational institution does not have state accreditation. But even so, leave can still be granted if the enterprise’s employment or collective agreement reflects the condition that the provision of leave does not depend on the fact of accreditation or lack thereof of the educational institution.

Video on the topic

Sources:

• study leave at the company in 2019

Employees who successfully study part-time and evening courses at universities, secondary specialized and primary vocational training institutions have the right to paid training. Labor legislation determines the duration of paid additional vacation ov for passing intermediate certification, for preparing a diploma, passing state exams. Payout for vacation calculated from the average salary.

Instructions

Provide the employee with training vacation A:
- require the employee to apply for additional vacation e with the help-call application. The certificate indicates the start and end dates of the exams, as well as the number of calendar days
- issue an order for vacation e. Order according to the unified T-6, it is the basis for payment vacation nykh. Introduce it to the employee against his signature. Enter about vacation e in the personal employee.

Produce vacation nykh:
- sum up the accrued amount for the last 12 months
(in this case, those specified in paragraph 4 of the Regulations are excluded).
- divide this amount by 12 and 29.4 (the average number of days in a month). We received the average daily earnings.
Multiply average daily earnings by number of days vacation A. Exclude from vacation If you receive the personal income tax amount, withhold it.

You pay vacation at least three days before the start vacation A.

Video on the topic

note

All days are subject to payment, including non-working holidays.

Helpful advice

Payment for study leave is made only at the main place of work.

Sources:

• Regulations on the peculiarities of the procedure for calculating the average wages, approved By Decree of the Government of the Russian Federation No. 922 of December 24, 2007.

For employees combining work and study, Labor Code Russian Federation guarantees release from work for the time necessary to pass exams, prepare and defend theses. Training vacation, calculated in calendar days, may be paid or not.

Instructions

Take from the person who plans to go to, an application for paid or unpaid study vacation A. Be sure to include with your application

The entire range of guarantees and compensation for employees who combine work with training is expressed in providing them with more free time from work for successful study and advanced training. They are established by Chapter 26 (Articles 173-177) of the Labor Code of the Russian Federation, as well as by the Federal Law of August 22, 1996 “On Higher and Postgraduate Professional Education.” Such guarantees and compensation are special, relate to institutions and reflect additional guarantees of the right to rest for this category of workers.

An employee can learn:

• 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 guarantees and compensations provided for by the Labor Code of the Russian Federation are provided only if the educational institution has state accreditation and the employee studies there successfully.

In accordance with Art. 177 of the Labor Code of the Russian Federation, guarantees and compensation for employees combining work with training are provided when receiving education at the appropriate level for the first time.

Additional vacations for this category of employees may be added by agreement between the employer and the employee.

An employee who combines work with studying simultaneously in two educational institutions is provided with guarantees and compensation only in connection with studying in one of these educational institutions at the employee’s choice.

For employees studying by correspondence in educational institutions of higher vocational education that have state accreditation, the employer pays travel to the location of the relevant educational institution and back once per academic year, and for employees studying by correspondence in educational institutions of secondary vocational education, in the amount of 50 percent of the fare.

In appropriate cases, training employees are provided with:

• additional leave while maintaining average earnings;
• leave without pay.

Additional leave while maintaining average earnings provided:

1. when studying at a higher educational institution on a part-time or evening basis:

• for passing tests and exams in the first and second years - 40 calendar days, in each of the subsequent courses - 50 calendar days (when mastering the basic educational programs in a shortened period in the second year - 50 calendar days);
• for preparing and submitting a diploma and passing final state exams - four months;

2. when studying at an educational institution of secondary vocational education in a correspondence or evening department:

• for passing tests and exams in the first and second years - 30 calendar days, in each of the subsequent courses - 40 calendar days;
• for preparing and defending a diploma and passing final state exams - two months;
• for passing final state exams - one month;

3. when studying at an educational institution of primary vocational education: for passing exams - 30 calendar days within one year;

4. when studying in an evening (shift) general education institution:

• for passing final exams in 9th grade - 9 calendar days;
• for passing final exams in 11th (12th) grade - 22 calendar days.

Vacation without pay provided (Article 173-176 of the Labor Code of the Russian Federation):

1. upon admission to a higher education institution:

• for employees admitted to entrance exams - 15 calendar days;
• employees - students of preparatory departments of higher educational institutions for passing final exams - 15 calendar days;

2. when studying at a higher education institution as a full-time student:

• for taking exams and tests - 15 calendar days per academic year;
• for preparing and defending a diploma and passing final state exams - four months;
• for passing final state exams - 1 month;

3. upon admission to an educational institution of secondary vocational education for employees admitted to entrance exams - 10 calendar days;

4. when studying at a full-time secondary vocational education institution:

• for taking exams and tests - 10 calendar days per academic year;
• for preparing and defending qualifying work and passing final state exams - two months;
• for passing final exams - one month.

To receive legal guarantees, before leaving for the session, the student must write an application and bring a certificate of summons from a secondary specialized institution in the form approved by Order of the Ministry of Education of Russia dated December 17, 2002 No. 4426. These certificates indicate for what period the employee requires leave. Proof that a person actually passed the exams is a confirmation certificate, which the administration of the university, college or technical school fills out after the end of the session and certifies with a seal.

Leave without pay. Legal regulation Leave without pay is covered by Art. 128 Labor Code of the Russian Federation. Although it is located in the section regarding rest time, in the chapter on vacations, in essence, unpaid vacations are not vacations, since these vacations are of a targeted nature. Such leave may be granted to an employee for family reasons and other good reasons according to his written statement. The duration of this leave is determined by agreement between the employee and the employer.

Leave without pay differs from other types that we discussed earlier in that it is provided, firstly, without pay, and secondly, without taking into account length of service. The only thing these leaves have in common is that in all cases the employee retains his place of work.

The legislator clearly regulates the procedure for granting leave without pay. It can be provided with the permission of the head of the organization and is formalized by an appropriate order (instruction).

These include:

• participants of the Great Patriotic War— up to 35 calendar days a year;
• working old-age pensioners (by age) - up to 14 calendar days per year;
• working disabled people - up to 60 calendar days per year;
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to an illness associated with military service - up to 14 calendar days;
• employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

This list is not exhaustive. In the Labor Code of the Russian Federation, federal laws, laws of constituent entities of the Russian Federation or local regulations other categories of employees entitled to leave without pay and cases of its provision may be established. For example, employees admitted to entrance examinations to higher educational institutions - lasting up to 15 calendar days, on average - 10 calendar days (Chapter 26 of the Labor Code of the Russian Federation), women caring for a child under three years old have the right to unpaid leave wages (Article 256 of the Labor Code of the Russian Federation).

In accordance with Art. 263 of the Labor Code of the Russian Federation, additional leaves without pay are provided to persons caring for children.

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother (father) raising a child under the age of 14 may be granted annual additional leave without pay by a collective agreement. at a time convenient for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, can be added to the annual paid leave or used separately in full or in parts. Transferring this leave to the next working year is not allowed.

In all cases, the provision of leaves without pay, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on said leave, the employee may interrupt it at any time and return to work by notifying the employer in writing.

During the period of unpaid leave, as well as during paid leave, the employer does not have the right to dismiss an employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

Every year, at the end of spring, the session begins in educational institutions. Working students take study leave during this time. Read about the specifics of granting and processing paid study leave in the article.

Employees who combine work with training have the right to paid and unpaid educational leave (Articles 173 - 176 of the Labor Code of the Russian Federation). Right to granting study leave does not depend on whose initiative the employee studies, who pays for the training, whether the employee is trained on a budgetary or commercial basis. There are no restrictions on the right to study leave and employees have probationary period. After all, according to Part 3 of Art. 70 of the Labor Code of the Russian Federation during the probationary period, the employee is subject to the provisions of labor legislation.

Conditions for granting study leave

Study leave is granted subject to a number of conditions established by Art. Art. 173 - 177 Labor Code.

Accreditation. The educational institution must have state accreditation. The form of the accreditation certificate was approved by Order of Rosobrnadzor dated June 11, 2009 N 1281.

First education. The education that an employee receives must be his first (at this level). Obtaining a bachelor's, diploma or master's degree is considered as receiving a second higher professional education (paragraph 2, paragraph 5, article 6 Federal Law dated August 22, 1996 N 125-FZ “On higher and postgraduate professional education”).

Success in your studies. Leave will be given to those who study successfully. What is meant is not established by the Labor Code. According to experts, successful training is confirmed by a certificate issued by the university calling for the current session. If a certificate is issued to an employee, it means that he completed the curriculum for the previous semester.

If at least one of the conditions is not met , the employer can still grant study leave to the employee. But only if this is provided for by a collective or labor agreement (part 6 of article 173, part 6 of article 174, part 2 of article 175, part 2 of article 176 and part 1 of article 177 of the Labor Code of the Russian Federation).

Note. Monetary compensation instead of educational leave If an employee has the right to paid educational leave, it cannot be replaced with monetary compensation. This conclusion follows from Part 1 of Art. 126 Labor Code of the Russian Federation. It states that only annual paid leave can be replaced with monetary compensation.

Refusal to grant study leave

Two educational institutions. If an employee is studying in two educational institutions, paid leave can be provided only in connection with studying in one of them (at the employee’s choice) (Part 3 of Article 177 of the Labor Code of the Russian Federation).

Part-time student. Part-time jobs will not provide paid study leave. An employee can receive it only at his main place of work (Part 1 of Article 287 of the Labor Code of the Russian Federation). To pass exams, part-time workers, as a rule, take annual paid leave or leave at their own expense.

Duration of paid study leave

The length of paid study leave depends on the type of education your employee is pursuing.

In the Russian Federation, the following educational levels are distinguished (sections 31 and 32 All-Russian classifier information on the population, approved by Decree of the State Standard of Russia dated July 31, 1995 N 412):

— basic general education (evening school);

— primary vocational education (vocational school);

— secondary vocational education (technical school, college, school);

— higher education(institute, university, academy);

— postgraduate education (residency, postgraduate studies, doctoral studies).

Duration of paid educational leaves for students of educational institutions of various educational level shown in the table.

Table. Duration of paid study leaves

Reason for study leave	Duration	Norm
University (evening and correspondence courses)
	40 calendars days	Part 1 art. 173 Labor Code of the Russian Federation
Passing the session in 3rd - 6th courses	50 calendars days
Thesis defense and delivery state exams	4 months
Passing state exams	1 month
Technical school, college, school (evening and correspondence courses)
Passing the session in the 1st and 2nd courses	30 calendars days	Part 1 art. 174 Labor Code of the Russian Federation
Passing the session on the 3rd and subsequent courses	40 calendars days
Thesis defense and delivery state exams	2 months
Passing state exams	1 month
Vocational school
Exams	30 calendars days during of the year	Part 1 art. 175 Labor Code of the Russian Federation
Night school
Passing final exams in IX grade	9 calendars days	Part 1 art. 176 Labor Code of the Russian Federation
Passing final exams in XI (XII) grade	22 calendars days

What are required to apply for study leave?

Study leave is processed in the same way as annual paid leave. The only difference is that it is provided on the basis of a summons certificate issued by the educational institution.

Help-call

Consists of two parts: a call certificate and a confirmation certificate. The organization issues leave to the employee based on the summons certificate. It, in particular, indicates the duration of study leave. It should not exceed the standards established in Art. Art. 173 - 176 Labor Code of the Russian Federation.

After the end of study leave, the employee must bring a completed confirmation certificate to work. It proves the legality of the employee being on vacation.

Certificate form approved:

- for university students - by Order of the Ministry of Education of Russia dated May 13, 2003 N 2057;

- for students of secondary vocational education - by Order of the Ministry of Education of Russia dated December 17, 2002 N 4426.

Institutions of primary vocational education develop the form of the call certificate independently.

Employee statement

To receive study leave, an employee must write an application in any form (a sample is provided). The application must be accompanied by a summons certificate, which must indicate the specific terms of the leave.

Sample application for study leave

to CEO

JSC "Veterinary hospital "Furry Friend"

Lisitsyn A.L.

from the laboratory assistant

Khomyakova N.N.

Statement

I beg grant study leave maintaining average earnings from May 28 to June 15, 2012, lasting 19 calendar days for passing the examination session in the Moscow state academy veterinary medicine and biotechnology named after. K.I. Scriabin.

Appendix: reference-call dated 05/18/2012 N 1234

Khomyakov N.N. Khomyakov

Order on granting leave

The leave is issued by order in Form N T-6, in this case:

— the column “during the period of work” is not filled in;

- in section “B” of the order should indicate “additional leave with preservation of average earnings” or “without preservation of wages (study).” The fact is that the Labor Code does not contain the concept of “study leave”.

Personal card

Information about the granted study leave must be entered in section. VIII form N T-2. Entry in column 1 section. VIII card should be similar to the entry in section. “B” of the order for granting leave.

Transfer and extension of paid study leave

The procedure for granting and paying for study leave is in many ways similar to the procedure for granting and paying annual leave. Therefore, the question often arises: is it permissible to extend or postpone paid study leave, as is possible with annual paid leave? In relation to paid study leave, let us consider several situations in which annual paid leave is extended or postponed.

Holiday during study leave

If the period of study leave includes non-working holidays, study leave is not extended. This conclusion can be drawn from Part 1 of Art. 120 Labor Code of the Russian Federation. Study leave does not apply to rest time and is granted strictly for the days specified in the summons certificate. In this case, non-working holidays falling on vacation are paid as vacation days (clause 14 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

A student fell ill during a session

The legislation does not provide for the possibility of extending study leave in the event of temporary disability occurring during this period. Temporary disability benefits for an ill student employee will be accrued only from the day he was supposed to return to work (clause 1, part 1, article 9 of the Federal Law dated 12/29/2006 N 255-FZ “On compulsory social insurance in case of temporary disability and in connection with maternity”).

Study leave coincides with other leaves

By general rule An employee cannot be on two vacations at the same time.

Annual paid vacation. If the examination session begins during annual leave, the employee must interrupt the main leave and transfer the remaining part to another period by agreement with the employer. In this case, you need to issue an order to recall the employee from vacation.

Holiday to care for the child. If the employee stays for up to one and a half (three) years, she can also be granted study leave on the condition that she interrupts her maternity leave.

Study leave and vacation experience

Let's look at how vacation experience and study leave depend on each other.

Is vacation experience required for study leave?

The right to study leave does not depend on the length of time an employee works for a given employer. Based on the call certificate, the employee can take leave at any time.

Does study leave interrupt the vacation period?

Study leave does not reduce the vacation period. The time of paid study leave is included in the length of service, which gives the right to annual basic paid leave. This conclusion can be made on the basis of Part 1 of Art. 121 Labor Code of the Russian Federation. Indeed, during study leave, although the employee does not work, he retains his place of work and position. However, when calculating vacation pay, the time spent on study leave is excluded from the calculation period (clause “a”, clause 5 of the Regulations on the specifics of the procedure for calculating average wages, approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922).

Note. Is it possible to fire an employee while on study leave?

As follows from the norm of Part 6 of Art. 81 of the Labor Code, during the vacation period, an employee cannot be dismissed at the initiative of the employer (except in the case of liquidation of the organization). This rule also applies to study leave.

If the notice period for dismissal expires during study leave, the employee should be dismissed on the first working day after the end of the leave.

The modern edition of the Labor Code contains a large list of conditions and requirements for part-time students to take paid leave to take exams. Such leave includes the number of days necessary and sufficient to prepare for the session and pass it. Article 287 of the Labor Code of the Russian Federation states that part-time workers have the right to guaranteed paid leave only at their main place of work. In 2017, the procedure for paying vacations to absentees did not change.

If a student combines several jobs, then he can take leave at his own expense from other, non-main places. But only if it is written in employment contract and for this purpose in the workplace there is the necessary conditions. Otherwise, the employer can always refuse study leave, and absence from work during the session will be classified as.

Study leave is legally paid to part-time students, subject to strict conditions. The rule applies to types of training:

• Part-time, evening or distance learning at a university.
• Secondary vocational (technical school, school, college).
• Evening primary, if it occurs in shifts.
• Overall average.

Students enrolled in graduate or doctoral programs are also entitled to paid leave during the session. Study leave should not coincide with other types of leave. So, if a student is currently in, then to receive study leave he needs to leave the previous one.

Other requirements for receiving paid leave:

• A person receives a specific level of education for the first time, that is, at the first higher or secondary level.
• A student can receive if his employer sent him to study.
• The educational institution must have a state license-accreditation.
• Payment is also possible in other cases, if this is stated in the employment contract.
• When simultaneously studying in educational institutions of different levels, leave is possible only for one of them.
• The university provides the student with a certificate of challenge to take the exam.

Education must be successful. The Labor Code does not say what exactly is considered successful study.

But in general cases successful studies implies no debts for previous study periods.

Collection of necessary documents

To apply for leave while studying, a student must obtain a certificate of invitation of the established form from a university or other educational institution and draw up an application independently.

The application is written in the name of the main employer and contains a request to go on vacation at a specific time for specified reasons (for example, to pass the winter session at Moscow State University).

At the end it is written “I am attaching a summons certificate to the application”, signed and dated.

The end of the session is certified in a special part of the call certificate at the educational institution.

Such a confirmation certificate is given to the employer and serves as documentary evidence that the student used the leave for its intended purpose. The employer has the right to regard the absence of a certificate as absenteeism, and may be followed by.

Upon receipt of the summons certificate and written application from the student, the employer draws up and signs order form No. T-6 or your own form, When granting study leave to several employees, an order of form T-6a is used.

Amount of payments for study leave

• Payments for educational leave are calculated based on the average monthly level.
• All the employee’s labor income for the year is taken and divided by 12 months.
• The resulting figure is divided by the average number of days in a month (according to Article 139 of the Labor Code of the Russian Federation, it is equal to 29.3).
• It turns out .
• The amount of vacation pay is equal to the average income per day multiplied by the number of vacation days.

All vacations by law must be paid no later than 3 days before they begin (Article 136 of the Labor Code of the Russian Federation). In the case of study leaves, payments are due within the same time frame, that is, even before the start of the session.

Vacation dates

According to Art. 173 of the Labor Code of the Russian Federation, part-time students are entitled to certain deadlines vacations if they are receiving education for the first time and in a state educational institution:

1. In the first and second year - 40 days to pass the session;
2. Third and subsequent courses - 50 calendar days;
3. Defense of the diploma and final state accreditation - up to 4 months.

In the period of 10 months before the start of final state exams on the initiative of a part-time student, the duration working week can be reduced by 7 hours while maintaining half of the average earnings.

Leave during the session when receiving secondary specialized education is slightly shorter. For first and second year students - 30 days per calendar year, third year students and beyond - 40 days. No more than 2 months are given to defend your thesis and final exams.

Display in accounting

Entries about educational leave in accounting should be made in section 8 of the employee’s personal card, Form No. T-2, or a form of your own design. One of two entries is made about the type of leave:

1. Additional paid for the duration of your studies.
2. Unpaid training.

Columns No. 2 and 3 about the period of work should not be filled in, since study leave is not included in the accounting of working hours. Fill in the fields about the number of vacation calendar days, exact dates the beginning and end of the vacation, and also provides a link to the number and date of the order signed by the director.

The work time sheet based on forms No. T-12 or T-13 during the vacation period is filled out by affixing special codes. Paid study leave corresponds to code U or 11.

Possibility of extending vacation

A part-time student can extend his study leave if he is ill during the session. To do this, he needs to contact his educational institution and draw up an application to increase the session during illness. At the same time, a new challenge certificate with different dates is issued to the student.

Help refers to workplace, to the accounting department or human resources department, where the employee is granted the remainder of the vacation.

But the maximum duration of paid leave does not increase.

Let's summarize the article. Paid leave for part-time students is guaranteed in full by the Labor Code of the Russian Federation, but only if certain conditions. Among them are receiving education at this level for the first time, state accreditation of the educational institution and successful studies, the absence of “tails” for previous sessions.

Also, only the employer from the main place of work can provide leave. The terms of study leave and additional benefits for correspondence students are described in Art. 173-176 TK. The amount of payment depends on the person’s average daily earnings.