, working students begin to think closer to the beginning of the next session. How is it paid study leave , if an employee enters an educational institution, and who is not entitled to vacation pay, you will learn from our article.

Who is eligible for study leave?

The Law “On Education” dated December 23, 2012 No. 273-FZ does not prohibit working citizens from receiving education. That is why many workers improve their skills and gain new knowledge. However, with the approach of the session, the question arises, who is entitled to student leave?

Such a leave must be provided only by the enterprise that is listed with the citizen as the main place of work. If we are talking about part-time employment (it does not matter whether it is internal or external), the employee can receive leave only at his own expense.

Study leave may in no case coincide with other types of leave. For example, a girl is on parental leave and wants to take student leave for the session. In this case, she must interrupt her parental leave.

In the same way, the issue of annual leave is resolved. Study leave may be added to the annual leave, but only with the consent of the employer.

If a citizen went on student leave, then no one has the right to deprive him of annual leave. When two vacations coincide, the annual one is rescheduled.

In cases where an employee is studying at several educational institutions, he has the right to take study leave only in one of them at his choice.

One more thing worth paying attention to important rule. An employee may be sent on leave if the educational institution where he intends to receive education has state accreditation ( given fact noted in the help-call; the employee does not need to request any additional documents from educational institution). In other cases, the employer has the right to give leave, if this is prescribed in the collective agreement.

At the same time, education can be obtained in:

  • university;
  • technical school or college;
  • educational institution of primary vocational education;

But the employee acquires all guarantees and compensations only if he is studying at this level of education for the first time. The form of education does not matter in this case - the employee has the right to receive leave to pass the examination session, regardless of whether he is studying full-time, part-time or part-time (evening) department.

How is study leave arranged?

In order to receive study leave, the employee submits to the personnel department and a call certificate. The application is drawn up in any form, a prerequisite is the purpose of obtaining a vacation (for example, for writing thesis).

The reference-call consists of 2 parts: the first one is filled out by the educational organization before the exams, the second one - after they are passed. Both parts are handed over to the personnel department (accounting department) of the enterprise.

The first part of the certificate is attached to the application. The second part is transferred to the accounting department or the personnel department after passing the session.

The absence of the second part of the certificate-call is not grounds for refusing to grant leave.

Is study leave paid?

If an employee receives additional education and combines it with the main activity, then by law he has the right to receive leave to pass exams.

In some cases, during the study leave, the employee is paid average earnings, which is calculated in the same way as for the payment of other holidays. However, in some situations, the employee is granted unpaid leave. wages.

Such cases include:

  1. Upon receipt higher education passing the following tests:
  • entrance examination;
  • final certification of the preparatory department of a higher educational organization;
  • intermediate certification for full-time form;
  • passing state exams full-time;
  • preparing and defending a diploma and passing state exams (full-time).
  • Upon receipt of secondary vocational education:
    • entrance examination;
    • intermediate certification (full-time education);
    • state attestation (full-time education).

    In all other cases, the employee is released on vacation with the preservation of the average wage.

    Leave without pay is a separate period of rest for an employee, provided for by labor legislation. Its receipt does not depend on the length of service. However, for the duration of the vacation, the employee is deprived of wages. The guarantee in this case lies in the fact that, regardless of the amount of leave, the citizen retains his workplace.

    As a general rule, vacation pay must be issued to the employee 3 days before the start of the vacation. However, if a citizen provides a certificate-call, for example, 1 day before the vacation, then the accounting department is recommended to accrue payments as soon as possible, no later than the next business day.

    After all the exams are passed, the employee submits the second part of the certificate-call to the accounting department.

    Some employers delay payments until they receive confirmation that the session has been passed. However, this is illegal! In this case, violating organizations are required to pay not only vacation pay, but also monetary compensation in the amount of at least 1/300 of the refinancing rate for each overdue day in the payment of vacation pay.

    How is study leave paid?

    Student leave is granted in calendar days. In addition, non-working and holidays that occurred during this period. They are paid like regular days.

    Student leave can be divided into several parts. Labor Code does not provide for the option of recalling an employee from such leave.

    We draw your attention to the fact that the employer is not entitled to replace study leave with monetary compensation, since this time is not included in the period due to the employee for rest, but is a guarantee that allows you to get an education.

    The employer's obligations also include paying for travel to the employee's place of study once a year (round trip). Moreover, if the employee receives a higher education, then the fare is paid in full, and if the average - in the amount of 50% of the ticket price.

    Paid study leave: what else you need to know

    If the employee has not provided the second part of the certificate-call stating that they have passed the exams, the employer does not have the right to collect payment for study leave from him. All cases where funds can be withheld from an employee's salary are listed in part 2 of article 137 of the Labor Code; there are no questions regarding student leave and certificate-call.

    What if the employee leaves the session ahead of schedule, and, accordingly, the end dates of the vacation in the first and second parts of the certificate-call differ? Judicial practice has come to the conclusion that the employer will also not be able to recover the amount from the employee for non-vacation days.

    If an employee falls ill during a student leave, he can apply to the dean's office of the educational institution with a corresponding application. He is issued a new certificate-call with changed dates. That is, the vacation does not increase, it is only extended for the duration of the action sick leave. However, the employer does not pay sick leave. But if the employee is still sick after the end of the vacation, then sick leave will be paid for this period.

    The employer cannot withhold money from the employee even if the latter did not pass the exams or was expelled from the educational institution, since the provision of study leave is an obligation, not the right of the employer.
    Download order form

    In practice, a situation may arise when the employer does not provide leave, despite the fact that the employee wrote an application and brought a call certificate. Many citizens, without waiting for the issuance of the order, do not go to work, and the employer, in turn, fires them. How to be?

    The provision of study leave is guaranteed by law to any employee. Therefore, if all the conditions for leave are met, the employer must sign the employee's application. This is also evidenced by arbitrage practice, according to which workers dismissed in this way are restored and receive average earnings during the forced absenteeism.

    Employers consider receiving a non-core education as another reason for refusing to grant educational leave. However, if you carefully study the provisions of the Labor Code, it can be noted that it does not link the fact of training in a certain specialty (as a rule, the one associated with the position held) with the provision of study leave.

    And finally, those who receive higher education (bachelor's or master's degree) have the right to reduce the working week by 1 day. In this case, it will be paid at a rate of 50%. But the employer can also provide employees in their final year with 2 days off from work per week, but without saving their earnings.

    Thus, the provision of student leave, subject to all the conditions stipulated by the Labor Code of the Russian Federation, is an obligation, and not the right of the employer. Therefore, upon presentation of a certificate-call and a statement in case of refusal by the head, apply for the protection of your rights to the labor inspectorate or to the court.

    The legislation of the Russian Federation does not prohibit combining work and study, however, at some points difficulties may arise - for example, the session period may last for some time. The session is sometimes impossible to combine with work, because the university may be located in another city or it is necessary to attend review lectures before exams. To this end, the Labor Code provides for the rules for taking study leave, as well as required list documents for its execution - a certificate-call for a session is one of them.

    Why do I need a certificate of a call to a session

    A session call certificate is a document in the presence of which the employer has an obligation to give an employee who combines employment in his organization with education, leave for educational purposes.

    The latter must use this period of time to pass the exams that are included in this session, prepare his thesis and pass it before the commission.

    Help-call is issued by the educational organization where the student is studying.

    Requirements for the Labor Code and the order of the Ministry of Education and Science

    The Labor Code includes only a reference norm in relation to a certificate-call. This law states that the approval of its form is the responsibility of the authorized body for federal level system of executive power, which is entrusted with establishing the policy of the Russian Federation in the field of education.

    Help-call form was determined by the Ministry of Education and Science, which issued the relevant order number 1368 in 2013. It is required that the document be issued by an educational organization for a specific student (and not for their group). It must contain the following information:

    • date of registration;
    • full designation of the organization in which the employee works and where the document is sent;
    • the number of the article of the Labor Code, on the basis of which the employee has the right to receive a call to the session;
    • the surname of the employee, as well as his first and middle names, which are placed in dative case(to whom?);
    • form of study (full-time, part-time or part-time) and the serial number of the course for which the session is rented (or at which the diploma is defended);
    • the time of the vacation provided, it is required to write the date of the beginning of its course and its completion, as well as indicate its total duration;
    • designation of the educational organization;
    • details of the certificate issued to the educational organization certifying its accreditation;
    • the name of the authority from which this certificate was obtained
    • the level of the training program that the employee is mastering
    • the name of the specialty that the student will acquire and its code.

    For the certificate to be considered valid, it must be signed by the head of the institution or a person authorized by him. In particular, if the employee is studying at a university, the rector must sign if he has not granted this right to another employee. This prop must be stamped.

    The lower part of the reference is detachable. With its help, it makes sure that the employee passed the session during such and such a time. After completing this process, the head of the educational institution fills in all the required fields, after which this the spine is provided to the employer.

    Sample help-call

    It is currently determined that the reference-call must comply with the form established by the mentioned order No. 1368. At the same time, it should be remembered that in July 2015 the form of this certificate has changed. You must use the template valid from now on. Wherein this sample has a very clear structure, deviations from which are not allowed.

    However, it is stipulated that if an employee receives education under a program that is not accredited government bodies, then he can provide a certificate of a different sample.

    Since the employer has no legal obligations when studying under such a program, there are no requirements for the form of the document. And if there is an appropriate norm either in the employment contract or in the collective agreement, the educational organization can provide the student with a certificate, the form of which is established in it by a local act.

    Leave for students

    Employees of enterprises who simultaneously receive education in various institutions, get the opportunity to take additional leave in accordance with the labor code. This interval can be either paid by the organization or taken at its own expense. For such a vacation, a certain duration is established, more than which it cannot last.

    The reason why a person takes a vacation in his organization may be:

    • passing their entrance exams to an educational institution;
    • passing exams during the session;
    • passing the final session (state exams);
    • work on the thesis and its defense before the commission;
    • obtaining a scientific degree.

    It has been established that an employee has the right to paid leave in order to receive education at any level only once. At the same time, according to the law, it is necessary that the employee did not have education of this level before.

    In other words, an employee who, when hired by an organization, did not have a secondary, or secondary specialized, or higher education, has the right to receive it, and the organization has an obligation to send him on such a vacation.

    IN different situations an employee may be entitled to paid leave, as well as time beyond that, during which he will retain his job, but without pay.

    At the same time, if the formation of any of the indicated levels by this person previously received, then the organization does not have any obligations for study leave. In particular, an employee who previously studied at a college can no longer request leave to study at a similar institution. At the same time, he has the right to receive higher education in a university.

    It is stipulated that the employee has the right to receive leave only for a single education. So, an employee who decided to simultaneously start studying in two university programs at once, provided free time to pass the session on only one of them. The employee himself chooses which of the two educational institutions he will issue a vacation. However, it is possible to achieve

    Of course, these norms do not prevent enterprises from giving their consent to receive education by this person. a certain level if it already has one relevant diploma. In particular, the company itself can send its own staff for training. In such cases, the provision of vacations to subordinates is her prerogative. Such a rule may be included in an agreement, individual or collective.

    If an employee works in two places (main and part-time), then the organization in which he is part-time also does not have any obligations. In this case, the employee himself has the opportunity to go on vacation without pay. At the same time, for its part, the employer at the place of combination has the right to refuse him such an opportunity He makes this decision at his own discretion.

    Finally, it states that regular annual leave may be granted in a period that is contiguous with the student's leave. However, the employer does not have such an obligation, he can agree to this if he wishes.

    Established that the employee has the right to leave regardless of the form of education. At the same time, if he entered the full-time form, then vacation will always be unpaid.

    Leave by correspondence or combined full-time-correspondence form is always paid. This general rule valid for all the following educational institutions.

    An employee of a company who has entered an educational institution, a bachelor's or master's program, as well as a specialist's degree, has the right to:

    • for face-to-face training:
      • for 15 days in order to pass the session;
      • for 1 month in order to pass state exams;
      • for four months when passing state exams, combined with writing and defending a diploma;
      • for 40 days for passing the session on the first two courses;
      • for 50 days when passing a session on other courses;
      • for four months during certification.

    An employee of an organization who is studying as a graduate student or in an assistantship and residency has the right to:

    • when studying full-time - to receive no more than two free days every week if he is in his last year;
    • with two other forms of education:
      • for a thirty-day vacation;
      • for a weekly free day, for which he will be charged half the standard pay;
      • three months to obtain a candidate's degree;
      • six months for a doctorate degree.

    The employee who gets the average professional education, has the right to:

    Finally, an employee seeking to obtain a secondary or even basic education cannot receive it in person. When mastering the material in absentia, he is granted the right to leave for state certification, the period of which is:

    • a maximum of 9 days if he is receiving basic education;
    • a maximum of 22 days if he receives a secondary education.

    At the same time, the enterprise itself can take on additional obligations by providing employees with longer vacations.

    In this video detailed information about how to properly arrange study leave for the duration of the session.

    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 employees the right to leave from work while they complete the mandatory training activities required to obtain the appropriate diploma of completion of education at this level. At the same time, not every employee who is 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 of 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. Experienced personnel officers recommend in such a situation to devote the time of the main vacation to passing exams and tests or to negotiate with the employer on registration leave without pay;

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

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

    In addition, an individual or collective agreement or other normative document, which regulates the rights of the employee and the obligations of the employer, may also include other opportunities for granting leave for training. When considering them, it must be borne in mind that these documents cannot worsen the position of an employee in comparison with the current legislation. Check out this material to understand how this can be implemented in practice.

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

    The provision of study leave under the Labor Code (Article 173) is an obligation, not the right of the employer. This means that in this case he does not have the opportunity to refuse the employee to provide such leave. In addition, it is important to take into account that in this situation the length of service of the employee with this 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 study leave overlaps with other types of leave, such as parental leave, by reading our .

    Duration of study leave for students of higher educational institutions

    An employee may be granted study leave for a different period of time. In particular, vacations for university students are regulated by the provisions of Art. 173 of the 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 of vacations are provided with the preservation average earnings for the period of absence from the workplace:

    to pass state exams and defend a thesis, an employee has the right to receive leave for up to 4 months.

    Note! These types of vacations are provided only to employees who study on the job, that is, on a part-time or part-time basis.

    In addition, for a number of training events, the employer is obliged to provide an employee who is studying at a university with unpaid leave:

    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 vacation, 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 students of the last year - 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, the time released from work for training is subject to payment in special order: how exactly it needs to be paid, read in our material.

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

    Duration of study leave for students of secondary specialized educational institutions

    By analogy with university students who are given study leave under Article 173 by the Labor Code, the right to receive study leave under Art. 174 students also have secondary specialized educational institutions. Paid holiday provided to students of correspondence and part-time forms of education:

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

    At the same time, an employee who simultaneously studies in two educational organizations, has the right to receive leave and other benefits only in connection with education in one of them - at the employee's own choice.

    Note! 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 issuing study leave requires that an employee of the personnel service arrange for the receipt of two required documents. The first of these is a certificate-call sent to an employee undergoing training by an educational institution that provides him with appropriate services. This document is drawn up by the educational institution and issued to the student for presentation at the place of work.

    The certificate-call form was approved by order of the Ministry of Education and Science of the Russian Federation dated 12/19/2013. When receiving a certificate-call from an employee in the prescribed form, the personnel officer must check a number of important points that determine whether the employee is entitled to leave - in particular:

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

    Recording study leave in the timesheet

    Student leave under the Labor Code (Article 173), with the right to pay wages for the period of absence from the workplace, can be received by employees who combine labor activity with higher education or secondary professional level. At the same time, however, a prerequisite for the emergence of such a right is a special form of obtaining such education - part-time or part-time, that is, on the job. Check out our material to find out how long this paid leave is for employees.

    Based on the submitted documents from the educational institution, the employer must provide such employees with study leave to attend training events 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, you should use the code U or 11.


    Download in.doc

    The modern edition of the Labor Code contains big list conditions and requirements for taking paid leave for part-time students to pass exams. Such leave shall include the number of days necessary and sufficient to prepare for and pass the session. Article 287 of the Labor Code of the Russian Federation states that part-time students are entitled to guaranteed paid leave only at their main place of work. In 2017, the procedure for paying vacations to part-time students has not changed.

    If a student combines several jobs, then he can take a vacation at other, non-primary places, at his own expense. But only if it is written in the employment contract and there are the necessary conditions. Otherwise, the employer can always refuse study leave, and absenteeism during the session will qualify as.


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

    • Correspondence, evening or remote on the basis of the university.
    • Secondary professional (technical school, college, college).
    • Evening initial, if it takes place in shifts.
    • General average.

    Students enrolled in graduate or doctoral programs are also entitled to paid vacation time during the session. Study leave must not coincide with other types of leave. So, if a student this moment is in, then in order to receive study leave, he needs to exit 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 an employer sent him to study.
    • An educational institution must have a state license-accreditation.
    • Payment is also possible in other cases, if it is written in the employment contract.
    • While studying in educational institutions different levels vacation is possible only on one of them.
    • The university provides the student with a certificate-call to pass the session.

    Education must be successful. What exactly is considered a successful study, the Labor Code does not say.

    But in common cases successful learning means no debts for previous study periods.

    Collection of necessary documents

    To apply for a leave for the period of study, a student is required to take a certificate-call of a standard form at a university or other educational institution and independently draw up an application.

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

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

    The end of the session is certified in a special part of the certificate-call 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 the intended purpose. The employer has the right to regard the absence of a certificate as absenteeism, and it may be followed.

    Upon receipt of a certificate-call and a written application of 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.

    The amount of payment for study leave

    • Payments for study holidays are calculated on the basis of the average monthly level.
    • All employee earnings for the year are 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 their occurrence (Article 136 of the Labor Code of the Russian Federation). In the case of study holidays, payments are due at the same time, that is, even before the start of the session.

    Vacation periods

    According to Art. 173 of the Labor Code of the Russian Federation, part-time students during their studies at the university are given certain vacation periods if they receive education for the first time and at a state educational institution:

    1. On the first and second year - 40 days for passing the session;
    2. Third and subsequent courses - 50 calendar days;
    3. Thesis defense and final state accreditation- up to 4 months.

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

    Leave for the duration of the session when receiving secondary specialized education is slightly shorter. For first and second year students - 30 days for calendar year, third course and beyond - 40 days. No more than 2 months are given for the defense of the diploma and final exams.

    Display in accounting

    Entries about study holidays in accounting should be made in section 8 personal card an employee of the form No. T-2 or a form of his own design. One of two records is made about the type of leave:

    1. Additional paid at the time of study.
    2. Unpaid educational.

    Columns No. 2 and 3 on the period of work should not be filled in, since study leave is not included in the calculation of working time. The fields are filled in on the number of vacation calendar days, the exact dates of the beginning and end of the vacation, and a link is provided to the number and date of the order signed by the director.

    The timesheet on the basis of forms No. T-12 or T-13 during the vacation period is filled in by affixing special codes. Paid study leave corresponds to code U or 11.

    Possibility to extend vacation

    A part-time student can extend study leave in case of illness during the session. To do this, he needs to contact his educational institution and draw up an application for an increase in the session for the duration of the illness. At the same time, a new certificate-call with other dates is issued to the student.

    The certificate refers to the workplace, to the accounting department or the personnel department, where the employee is provided with the rest of the vacation.

    But the maximum duration of paid leave does not increase.

    Let's sum up the article. Paid leave for part-time students is guaranteed in full by the Labor Code of the Russian Federation, but only under certain conditions. Among them - receiving education of this level for the first time, state accreditation of an educational institution and the success of studies, the absence of "tails" for previous sessions.

    Also, only the employer from the main place of work can provide leave. Terms of study holidays and additional benefits for part-time students are described in Art. 173-176 TC. The amount of payment depends on the average earnings of a person per day.

    Any employer may face a situation in which an employee needs this time. For this reason, he must know and comply with the rules governing the provision of study leave to an employee under the Labor Code of the Russian Federation.

    The concept of study leave

    The law does not directly use the term "study leave". The Labor Code speaks of guarantees and compensations for employees receiving education. This period is one of them. It is an additional vacation and provides for payment. The term "student leave" is also used. According to the Labor Code (Article 173), it is not provided in all cases and requires compliance with a number of conditions.

    Grounds for granting study leave

    Before calculating the amounts due and days off work, the employee needs to clarify whether student leave is paid in his case. The law establishes following conditions, which guarantee the acquisition of free time and the preservation of content:

    • obtaining an education corresponding to the level for the first time;
    • visiting an institution with state accreditation.

    To send an employee to study, the simultaneous presence of both conditions is required.

    The employer also needs to know if study leave is paid, as the incorrect application of the relevant rules can lead to tax problems.

    Payment and registration of study leave in 2019

    Correctness of calculations is important for both parties employment contract. For an employee, the training period is associated with expenses that need to be planned, and the administration needs to make a payment without violating the law. Let's look at how study leave is paid.

    The last changes to the law were made in 2014. The calculation of student leave in 2019 is carried out according to the rules that have been in force for several years. These rules can be found using the current version of the TC. The easiest and most reliable way to find out how study leave is paid in 2019 is to use the legal information system.

    Vacation duration

    The rules governing the duration of this period are established in Chapter 26 of the Labor Code of the Russian Federation. How student leave is paid is influenced by the level of education received and the type of activity with which the release from work is associated.

    If we are talking about higher education, then the number of days provided will depend on the course in which the employee is studying. Before calculating student leave, you must read Art. 173 of the Labor Code of the Russian Federation.

    If the employee is in the 1st or 2nd year, he is entitled to 40 days.

    In subsequent courses, this period increases to 50 days.

    When an employee needs time to prepare for the final exams, he is granted up to 4 months of leave.

    It is important for the employer to know whether study leave is paid when distance learning. If the employee is a full-time student, then the company is not obliged to provide him with this period. The law only provides for vacation days at your own expense.

    note

    According to labor legislation, study leave is not included in the length of service, since at this time no deductions are made to Pension Fund. More information about the types of holidays included in the experience can be found in this

    Payment for study leave under the Labor Code for employees who are applicants for academic degrees and participants in training programs for highly qualified personnel is provided for in Art. 173.1 of this document. Part-time employees are entitled to a 30-day leave from work. Before calculating the study leave, it is necessary to add to the specified period the time required to travel to the educational institution (if it is located in another area). When defending a candidate's or doctoral dissertation, the duration of the vacation is 3 and 6 months, respectively.

    For students receiving secondary vocational education by correspondence or part-time, the following duration of vacations is provided:

    • 30 days are provided for 1 and 2 courses;
    • in subsequent courses, this period is increased to 40 days;
    • the period for preparing for state exams and passing them can be up to 2 months.

    Let's see if the employer is obliged to pay for study leave if the employee receives a full-time secondary vocational education. As in the case of undergraduate and graduate programs, such an employee can only count on days at his own expense (Article 174 of the Labor Code of the Russian Federation).

    There may be situations when an employee receives a secondary education. We are talking about evening schools. For such employees, the law also provides for the payment of student leave. The Labor Code (Article 176) guarantees the provision of the following periods:

    • 9 days, if we are talking about attestation in the program of basic general education;
    • 22 days when passing exams as part of the secondary education program.

    For convenience, you can use it for study holidays, which can be found on any specialized online portal.

    Documents required for registration of study leave

    To exercise the right to leave, the employee will have to present a number of documents.

    • An application that is made in any form. The text must indicate the reason for the vacation and its duration.
    • A document issued by an educational institution. In the case of universities, we are talking about a certificate-call. It consists of 2 parts: the first indicates the timing of the training activities, and the second is filled in upon their implementation.

    Study leave is issued according to general rules applicable to the annual rest period:

    Certain issues of granting student leave

    The direction of employees on study leave is associated with a number of features. In many cases, employees receive a second higher education. Whether study leave is paid in this case will depend on the terms of the collective agreement and/or labor agreement. If they contain the appropriate conditions, then the employer is obliged to provide the specialist with the guarantees enshrined in these documents. When there are no such provisions in the text of the agreements, the rules of art. 177 of the Labor Code of the Russian Federation: study leave for obtaining a second higher education is not paid.

    In cases where an employee is a student in 2 or more institutions in parallel, an exemption from work is granted at his choice within the framework of one training program.

    Note! Granted study leave is not subject to monetary compensation or abbreviation, and art. 125 of the Labor Code of the Russian Federation prohibits recalling an employee.

    Accession of this period to annual leave possible only with the agreement of the employer.

    Knowledge of these rules will allow the specialist to calculate the time required to prepare for certification, and the employer to avoid violations that threaten liability.

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