How many times a year is paid study leave. We draw up and pay student leave according to the labor code

Grant study leave employees employer maybe who are learning:

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) educational institution.

The employer is obliged to provide study leave to the specified employees. Regardless of how long the employee has been with the organization. Restrictions on the length of service giving the right to study leave are not established in the legislation.

study leave payable only if the following conditions are met simultaneously:

the employee receives education of this level for the first time. Or the organization sent an employee for training. Already educated at this level. Having fixed the condition on training in an employment or student agreement (part 1 of article 177 of the Labor Code of the Russian Federation, letter of the Ministry of Labor of Russia dated November 8, 2013 No. 14-1-187);
the employee studies successfully (part 1, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation);
vacation is associated with passing exams or defending a diploma (part 1 of article 173, part 1 of article 173.1, part 1 of article 174 of the Labor Code of the Russian Federation);
the educational organization has state accreditation (part 1 of article 173, part 1 of article 174, part 1 of article 176 of the Labor Code of the Russian Federation).

The organization can provide study leave to employees. Who study in educational organizations that do not have state accreditation. To do this, such a condition must be prescribed in the labor (collective) agreement (part 6 of article 173, part 6 of article 174, part 2 of article 176 of the Labor Code of the Russian Federation).

Learning Success determines the institution. In which the employee is trained, in accordance with internal documents. In particular, the statute. Confirmation successful learning employee for the employer is a reference-call. Issued to an employee who combines work with study. And testifying to his admission to the next certification. Intermediate or final (order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368). Require any other documents to confirm the success of the training. For example, a certificate of no debt. The employer doesn't need to. As well as waiting for the end of the current session to pay for study leave.

When receiving education for the first time, there is an exception. Leave can be given even if a person already has a higher (secondary, primary vocational) education. And gets the second (third, etc.). But only on condition. That the employer sent him to study “in accordance with employment contract. Or a learning agreement concluded ... in writing ”().

Paid study holidays are provided in calendar days. The duration and number of such vacations depend on what kind of education the employee receives. Higher, secondary or primary vocational.

Provision of study leave to an employee at the expense of the employer

Studying part-time or part-time full-time within the framework of undergraduate and specialist programs. Or a master's degree at a university. Passes an intermediate certification (session) on the 1st or 2nd year - 40 calendar days,
Studying by correspondence or part-time form in the framework of undergraduate programs. A specialist or a master's degree at a university, passes an intermediate certification (session) on the 3rd, 4th and 5th (6th) course - 50 calendar days, art. 173 Labor Code of the Russian Federation
Studying by correspondence or part-time form in the framework of undergraduate programs. Specialist or magistracy, passes the state final certification - 4 months, art. 173 Labor Code of the Russian Federation
Masters programs for the training of teaching staff in graduate school (adjuncture). Residency programs and assistantship-internship programs for part-time education - 30 calendar days,
Masters the programs of teaching staff in graduate school (adjuncture). And he writes a dissertation for the degree of candidate of sciences - 3 months, art. 173.1 of the Labor Code of the Russian Federation
Studying under the program of secondary vocational education in correspondence or part-time form, passes an intermediate certification (session) on the 1st or 2nd year - 30 calendar days,
Studying under the program of secondary vocational education in correspondence or part-time form. Passes an intermediate certification (session) for 3. And each subsequent course - 40 calendar days, art. 174 Labor Code of the Russian Federation
Studying under the program of secondary vocational education in correspondence or part-time form. Passes the state final certification - 2 months, art. 174 Labor Code of the Russian Federation
Learning in organizations general education(schools, gymnasiums, etc.) in full-time and part-time education. Passes the state final certification under the program of basic general education - 9 calendar days,
Studying in general education organizations (schools, gymnasiums, etc.) on a part-time basis. Passes the state final certification under the program of secondary general education - 22 calendar days, art. 176 Labor Code of the Russian Federation

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Provision of study leave at the expense of the employee

Enters a university (takes entrance exams) - 15 calendar days, art. 173 Labor Code of the Russian Federation
Passes the final certification at the preparatory department of the educational organization higher education- 15 calendar days, Art. 173 Labor Code of the Russian Federation
Studying on accredited full-time bachelor's, specialist's or master's degree programs at a university, passes an intermediate attestation (session) - 15 calendar days per academic year, Art. 173 Labor Code of the Russian Federation
He studies full-time at a university, takes state exams and defends a diploma - 4 months, art. 173 Labor Code of the Russian Federation
He studies full-time at a university, passes state exams - 1 month, art. 173 Labor Code of the Russian Federation
Enrolls in educational programs of secondary vocational education (takes entrance exams) - 10 calendar days, art. 174 Labor Code of the Russian Federation
Studying according to an accredited program of secondary vocational education full-time, passes an intermediate certification (takes a session) - 10 calendar days per academic year, art. 174 Labor Code of the Russian Federation
Studying is studying according to an accredited program of secondary vocational education full-time, passes the state final certification - 2 months, art. 174 Labor Code of the Russian Federation
Masters programs for the training of teaching staff in graduate school (adjuncture), residency and internship programs by correspondence in the last year of study - 2 days a week, Art. 173.1 of the Labor Code of the Russian Federation

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Three rules for registration of study leave

1. It is important to differentiate legal nature annual (basic and additional) vacations. And additional vacations in connection with training. For correct application legislation on the procedure for their calculation and provision.

2. Holidays falling on the period of additional paid leave in connection with training. Included in the number of his calendar days and paid accordingly.

3. The employer provides study leave on the basis of a certificate-call.

Paid study leave

In addition to students of universities, colleges, technical schools and colleges. Employees who study at night school have the right to study leave. For example, to pass the final exams after the 9th grade. They can take 9 calendar days, after grade 11 - 22 calendar days.

In addition to the paid study leave the employee has the right to additionally take study leave at his own expense (also in calendar days). For example, during the entrance exams. The right to additional unpaid leave is available not only for “evening students” and “correspondence students”, but also for full-time students of universities, technical schools and colleges.

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Calculation of vacation pay for study leave

Study holidays are paid in the same way as annual holidays. Based on average earnings (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation). Average earnings are calculated based on the employee's salary for the last 12 months (Article 139 of the Labor Code of the Russian Federation). In this case, all calendar days of study holidays are subject to payment. Including holidays. (clause 14 of the Regulations approved by the Decree of the Government of the Russian Federation of December 24, 2007).

Vacation pay example. Employee granted paid study leave

A.S. Kondratiev was hired by the organization on October 1, 2014. He combines work with studies in the second year of Moscow State University (in absentia). The employee receives higher education for the first time. The educational program, according to which the employee is trained, has state accreditation.

On April 17, 2015, the employee applied for study leave. For the delivery of the session from April 22, 2015. The duration of the study leave according to the certificate-call is 30 calendar days. This period does not exceed the maximum duration of study leave. Established in the legislation (40 calendar days). The organization is required to provide the employee with paid study leave.

The billing period for vacation pay includes October-December 2014, January-March 2015. These months are fully completed. For the period from October 2014 to March 2015, the employee was credited with 100,000 rubles.

During study leave there are holidays, for which the accountant of the organization also charged Kondratiev average earnings.

The accountant calculated the vacation pay for the study leave as follows.

The average daily earnings for holiday pay were:
100 000 rub. : 6 months : 29.3 days/month = 568.83 rubles / day

The total amount of vacation pay is:
RUB 568.83/day × 30 days = RUB 17,064.90

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When studying in another city

The Labor Code provides for another benefit to persons. Combining work with education. It concerns part-time students who study in educational institutions. located in other cities. For such students, the employer pays for travel to the location of the respective educational institution and back.

If earlier the Labor Code did not set any conditions for this. And the fare was supposed to be paid once a year to all university students. Now the situation has changed. Legislators added just one word to Article 173 of the Labor Code of the Russian Federation. And from now on, only the employee will be able to claim the fare. Which is trained "successfully". At the same time, there is no explanation for successful study here either. It would hardly be true to believe that only excellent students can pay for travel. Probably, as mentioned above, it is enough for a student to pass all the exams on time. No transfer.

For students correspondence departments secondary educational institutions. Only half of the round-trip fare will still be paid. For them, legislators have not introduced restrictions on academic performance.

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What documents are required to apply for study leave?

Study leave for university students is given only after that. How will they bring certificate-call of the educational institution. The certificate form was approved by Order of the Ministry of Education and Science of Russia dated December 19, 2013 N 1368. "On approval of the form of a certificate-call, giving the right to provide guarantees and compensations to employees who combine work with education."

Upon presentation of the certificate, the student employee must write leave application. This document is compiled in any form. The application must indicate what kind of vacation the employee is applying for. For example: "Please provide me with paid study leave." After that, the personnel service draws up the same documents. As with the departure of an employee on a “normal” vacation.

Director of Gasprom LLC
A.V. Ivanov

from an economist
A.S. Petrova

STATEMENT

I ask you to provide me with additional leave with the preservation of average earnings (study leave). For the period from 06/15/2019 to 07/10/2019. Duration 26 calendar days. To pass an intermediate certification at the Moscow State Industrial University.

I am enclosing a summons with the application.

05/29/2019 ____________ A.S. Petrov

Information about study leave is entered in employee personal card(unified form No. T-2, approved by the Decree of the State Statistics Committee of January 5, 2004 No. 1). For this purpose, a special section VIII "Vacation" is provided in the card.

From January 1, 2013, the forms of primary accounting documents contained in the albums of unified forms of primary accounting documents are not mandatory. At the same time, forms of documents used as primary accounting documents continue to be mandatory for use. Established by authorized bodies in accordance. And based on other federal laws. (for example, cash documents) (see the information of the Ministry of Finance of Russia N PZ-10/2012).

1. According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying in absentia and part-time (in the evening form of education) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the availability of state accreditation from the educational institution and the successful development of the educational program by the student.

2. The procedure for conducting state accreditation of educational institutions of higher professional education, regardless of their departmental subordination and organizational and legal forms, determines the Regulation on state accreditation of a higher educational institution, approved. Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006). It applies to universities that have a license to conduct educational activities in the field of higher professional education, issued by the Federal Service for Supervision in the Sphere of Education and Science, and the conclusion on attestation of the university, issued by the relevant state body that conducted the attestation.

State accreditation is a procedure for recognition by the state in the person of its government agencies management of the status of an educational institution (type, kind, category of an educational institution, determined in accordance with the level and direction of the implemented educational programs).

Universities are accredited for a period not exceeding 5 years. According to the positive results of state accreditation, an educational institution of higher professional education receives a certificate of the established form. Testimony confirms state status educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue state-recognized documents to graduates on the appropriate level of education.

3. Employees are considered to be students successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all the tests, completed all the work in the disciplines of the curriculum ( test papers, course projects, etc.) on the subjects submitted for the session.

4. Successful combination labor activity with studies in higher educational institutions is guaranteed by the provision of additional vacations by employers while maintaining average earnings.

Article 173 of the Labor Code of the Russian Federation distinguishes between the following types of paid holidays:

a) vacations for passing intermediate certification;
b) leave for the period of preparation and defense of graduation qualifying work and passing the final state exams;
c) leave for the period of passing the final state exams.

The duration of the leave depends on the course the employee is studying (on the period of mastering the educational programs) and on the specific purpose of the leave.

Vacations are granted for:

passing an intermediate certification at the 1st and 2nd courses, respectively - 40 calendar days each, at subsequent courses, respectively - 50 calendar days each;
passing intermediate certification in the 2nd year when mastering the main educational programs in a shortened time - 50 calendar days;

In addition, the commented article imposes on the employer the obligation to provide leave without saving wages duration of 15 calendar days: employees admitted to entrance examinations to higher educational institutions; employees who are students of preparatory departments at institutions of higher professional education, to pass final exams.

5. Since full-time students are allowed to combine study with work, it has become necessary to establish guarantees for them to ensure the realization of their right to receive higher education with the opportunity to engage in useful activities in a certain field National economy(clause 63 of the Model Regulations on an educational institution of higher professional education (higher educational institution) Russian Federation, approved Decree of the Government of the Russian Federation of April 5, 2001 N 264 // СЗ RF. 2001. N 16. Art. 1595).

In accordance with Article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide leave without pay to employees - students of institutions of higher professional education full-time, combining study with work, for:

passing the intermediate certification - 15 calendar days in the academic year;
preparation and defense of the final qualifying work and passing the final state exams - 4 months;
passing the final state exams - 1 month.

6. Leave in connection with education is granted on the basis of a certificate-call of an educational institution. The forms of this certificate are approved by the Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA RF. 2003. N 47).

One certificate is intended for obtaining additional leave with pay in connection with the passage of an intermediate certification, the other - in connection with the preparation and defense of the final qualification work and passing the final state exams or passing the final state exams (BNA RF. 1997. N 4).

Upon receipt of a certificate-call, the employee has the right to demand timely leave, and the employer has the obligation to grant him leave.

7. Vacations granted in connection with studies in educational institutions of higher professional education on the job are strictly special purpose and should only be used within the stipulated time.

Therefore, if the student did not participate in the examination session and did not use the study leave, he loses the right to it. If the reasons for the non-appearance of the student for the session are valid (for example, in case of illness), the right to leave is reserved for him.

Students left for a refresher course good reasons and those who did not use study leave for this course are entitled to it if they successfully completed the corresponding curriculum for the second year of study.

8. Holidays are usually granted to participate in the examination session for a number of fixed days in a row. If the educational institution has allowed the student to do laboratory work, take tests and exams during the intersessional period, he can use the vacation in installments. The duration of the vacation granted in a breakdown should not exceed the total duration of the vacation for the corresponding course of study established in the academic year.

Students of the last courses of correspondence educational institutions of higher professional education, passing according to curriculum a theoretical course in the amount of one semester and participating in one examination session, leave is granted at half the rate.

9. Leave for the period of passing the final state exams is provided, as a rule, at a time. And only when the final exams are held in 2 terms - in parts. But even in this case, study leave should not exceed the duration determined for him by law.

10. When applying Article 173 of the Labor Code of the Russian Federation, it should be taken into account that the time of additional leave is paid on the basis of average earnings calculated in the manner established for annual leave(See commentary to Art. 139).

11. Wages for vacation time are paid before it starts, and not after the return of a student studying at a higher educational institution on the job from an examination session, as is often the case in practice. If a student has not passed all tests or exams, no deductions from his salary are made.

12. As provided for in paragraph 3 of Art. 17 of the Law on Vocational Education, students studying by correspondence, once in the academic year, the employer organization pays for travel to the location of the higher education institution and back to perform laboratory work, passing tests and exams, as well as for passing state exams, preparing and defending the final qualifying work.

13. If students have this calendar year the right to 2 different holidays, for example, holidays for passing course exams for the last year and final state exams, travel is paid twice.

The time required for travel is not included in the total duration of the study leave and is not paid.

14. When calculating the 10-month period provided before the start of the graduation project (work) or passing the final state exams, only academic months are taken into account; vacation months (July - August) are excluded from the calculation.

15. The procedure for granting a guarantee in the form of a reduction in working time during the week (for one free day or for the corresponding number of hours free from work) is determined by agreement of the parties.

16. Summation of days off from work provided to employees in connection with training, according to general rule not allowed.

Students of educational institutions of higher professional education that train specialists for the fishing industry are allowed for a period of 10 academic months before the start of the graduation project (work) or passing the final state exams to sum up the days free from work and use it at a time convenient for them by agreement with employers ( Order of the USSR Ministry of Higher Education of September 10, 1985 N 636 // Bulletin of the USSR Ministry of Higher Education. 1985. N 11).

At the request of teachers studying in educational institutions of higher professional (pedagogical) education, days free from work are provided to them in total during the vacation period (Resolution of the Council of Ministers of the RSFSR of March 15, 1962 // SP RSFSR. 1962. N 7. Art. 39) .

17. The guarantees and compensations provided for in Article 173 of the Labor Code of the Russian Federation do not apply to employees who combine work with education in higher educational institutions that do not have state accreditation. For such workers, guarantees and compensation may be included as an additional condition in employment contracts. For students - employees of organizations, regardless of their organizational and legal forms and forms of ownership, guarantees and compensations can be established in collective agreements and even more. high degree social protection (for example, additional holidays of a longer duration, instead of leave without pay, provide for leave with pay).

Many companies employ employees who combine work with training. The employer has an obligation to provide study leave. Accountants often ask questions: how is study leave paid; whether all employees are entitled to it; how to provide it to those who work in several organizations; what documents to draw up, etc. You will find answers to these and other relevant questions in this article.

Please note that the form of study (full-time, part-time, part-time) is not a condition for granting study leave, but affects its payment. If the employee is studying full-time, then the study leave is not paid, if the employee is studying full-time or part-time, then the average earnings are retained for the period of study leave (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation).

Example: the employee has an average professional education(for example, graduated from college). And so he decided to go to college in a different specialty - in this case, he cannot again count on providing him with a guarantee in the form of study leave.

Important: these guarantees and compensations can also be provided to employees who already have a vocational education of the appropriate level and are sent to receive education by the employer in accordance with an employment contract or apprenticeship agreement concluded between the employee and the employer in writing.

3. The educational institution in which the employee is trained must have state accreditation. Register of accredited educational organizations can be found on the website Federal Service on supervision in the field of education and science.

An exception: the employer has the right to provide an employee with study leave who is studying at an educational institution that does not have state accreditation, provided that this is stated in the labor (collective) agreement.

4. Educational leave can only be granted on the basis of a certificate-call from an educational institution.

5. Study leave is provided for a duration not exceeding that specified in the Labor Code of the Russian Federation. Exception: the employer may grant study leave and longer duration, provided that this is stated in the labor (collective) agreement.

Please note that study leave is provided only at the main place of work (Article 287 of the Labor Code of the Russian Federation). Therefore, during the session, a part-time worker must either continue to work in his free time, or take a vacation without pay for this time (pay attention to rules 4 and 5).

Example: An employee has two jobs: permanent and part-time. He combines work with higher education. In this case, the employee will be granted leave only at one place of work. For example, in the organization in which he works constantly. The employee had a question: is it possible to undergo training and at the same time work in an organization that is a second place of work - part-time? In this case, the employee can apply to the employer of the organization where he works part-time, with a request to grant him leave at his own expense for the period of study.

But one must be prepared for the fact that the employer may refuse the request of the employee, referring to the fact that this condition not spelled out in the labor (collective agreement). In this case, the employer has the right to do so.

Rule 3. Registration of study leave

An employee's study leave must be properly documented. Procedure for granting study leave:

the employee applies to the employer with a statement, which will be accompanied by a certificate-call from the educational institution,
the head issues an order (form No. T-6 or No. T-6a) on providing the employee this warranty,
the accountant, in turn, draws up a note-calculation, where the average earnings will be calculated,
data on study leave are recorded in the employee's personal card (form No. T-2), personal account (form No. T-54 or No. T-54a) and in the time sheet (form No. T-12 or No. T-13).

Rule 4. How study leave is paid

Study leave should be correctly calculated and the amount received should be taken into account when calculating certain types taxes, as well as insurance premiums off-budget funds. Let's consider what is the payment for study leave and how to calculate study leave, which can be presented both with the preservation of average earnings and without saving.

Example: the employee passes the final state attestation for up to 4 months when receiving higher education under the bachelor's program. During this period, he retains the average earnings. But if an employee passes entrance tests to this educational institution, then the average salary is no longer paid. In this case, the employee can only rely on keeping his place of work for the period of entrance examinations.

I advise you to familiarize yourself in more detail with the cases when average earnings should be paid, and when not, in chapter 26 of the Labor Code of the Russian Federation, namely in articles 173-176. It also indicates other guarantees that an employee who combines work with training can count on. For example, employees who successfully master state-accredited bachelor's programs, specialist's programs or master's programs in part-time and part-time forms of study for a period of up to 10 academic months before the start of state final certification are set at their request a working week reduced by 7 hours.

The average earnings for the time an employee is on study leave should be paid according to the rules specified in Decree of the Government of the Russian Federation of December 24, 2007 No. 922.

From the amount received, personal income tax should be withheld and this amount should be included in the base for calculating insurance premiums to off-budget funds of the Russian Federation. When calculating income tax, these amounts can be included in expenses, in accordance with Article 255 of the Tax Code.

Rule 5. Calculation of average earnings during study leave

The average earnings for the time the employee is on study leave should be paid on time. A common question: “Studying leave, like the regular one, is paid 3 days before the vacation?”. Let me explain. The legislation does not specify how many days before the start of the vacation the average salary should be paid to the employee (do not confuse with the annual basic paid vacation!).

The employee must receive the average salary before the start of the study leave. Please note that it is a mistake to pay average earnings after the employee brings a confirmation certificate.

You may have another question: what to do if the employee did not bring a confirmation certificate? In this case, in accounting, you should make reversal entries for the amount of average earnings paid to the employee before the start of the vacation.

Carefully read chapter 26 of the Labor Code of the Russian Federation, since this chapter has undergone changes in connection with the entry into force of the new Law on Education.

Answers to the most common questions about study holidays

The employee asks to add the main vacation to the study leave. Is it correct?
The employee's request is invalid. The issue of joining the study leave to the annual paid leave is decided by agreement between the employer and the employee (part 2 of article 177 of the Labor Code of the Russian Federation).

Is it possible to partially use study leave?
Study leave is a right, not an obligation, of an employee. The right to grant an employee a study leave of a fixed duration is given, in particular, by a certificate of summons, which, among other things, determines the terms of such leave. This follows from Part 4 of Art. 177 of the Labor Code of the Russian Federation, the form of a certificate-call, approved by the Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368.
Accordingly, the employee can use his right to study leave only within the period specified in the call certificate. At the same time, labor legislation does not prohibit the use of such study leave in part.

Does an employer have the right to refuse an employee to provide study leave due to production needs?
No, not right. The provision of study leave on the basis of a certificate of call does not depend on the discretion of the employer. The employee has the right to take such leave even if the employer disagrees.

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Educational leave is the number of days guaranteed by the Labor Code, which is necessary according to the standards of an educational institution for 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 a number of necessary conditions and the presence of a reference-call.

Conditions for obtaining study leave

According to the Labor Code of the country, citizens who are officially employed in the territory of any subject of the Russian Federation and receive the following types of education can receive study leave:

Any, except for full-time (evening, remote, full-time), conducted on the basis of the university.
Secondary vocational.
Initial evening (replaceable).

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

Terms of study leave:

Education of this level is obtained for the first time. This means that the employee has the right to receive one higher, secondary or primary education with the provision of paid leave.
The employee is referred 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 in granting leave are successful study and education at a state university.

Successful study is considered to be without retakes and satisfactory grades.

Calculation and payment of study leave

The calculation takes into account the average salary of an employee for Last year. At the same time, the legislation does not specify any restrictions on seniority.

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

The maximum number of days provided is regulated by the labor code, the nominal number is indicated in the call certificate of the educational institution.

The amount of payment for the day of study leave is calculated according to the formula:

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

There is a practice of paying monetary compensation when it is necessary to find a postgraduate employee in the service, similar to the practice with annual leave.

Although there are no provisions prohibiting such a practice in the Labor Code, difficulties and confusion are possible when submitting reports to the tax service, so the Federal Tax Service is extremely negative about this species compensation.

The calculation of payment for study leave is made by an accountant or directly by the employer. The calculation can be made in any program, for example, Microsoft Excel.

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

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 one speaks of the need to provide educational leave, regardless of how many times an employee receives it; the Labor Code spells out the organization's obligations in relation to a student employee only if they receive their first education.

On April 8, 2004, the Constitutional Court considered the complaint of 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 publicly available.

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

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

An employee can count on annual unpaid leave if the employer is notified that he/she is receiving a second education and does not object

Vacation is granted at the request of the employee in writing or electronically without remuneration and accrual of seniority. 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 holidays

An employer must grant an employee leave with or without pay at its discretion in the following cases:

Submission of documents to an educational institution - 15 calendar days once a year for passing entrance examinations.
Attending preparatory courses on the basis of an educational institution - 15 calendar days once a year.
Conducting the practical part scientific work, defense of the graduation project, preparation and passing of state exams by full-time students - 4 months at a time.
Attending tests and exams by full-time students - 15 calendar days once a year.

Controversial situations

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

Coincidence of the annual basic leave with the study period. The employee during this period of time is listed as being on the main vacation. Renew or pay monetary compensation in this case, the employer is not obliged.
Coincidence of study leave in time with administrative leave or leave without pay. As in the previous case, the employer has the right, but is not obliged to pay study leave or provide compensation.
An employee falls ill while on study leave. In this case, payment for temporary disability benefits is made from the first day of the expected start of employment.
Holidays and days off during study leave are paid according to the average salary.

Application for the use of study leave, sample: