How study leave is paid for part-time students 2021: all the nuances of provision, registration and payment

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Published: 06/07/2016

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The time an employee is absent from the workplace for valid reasons related to his studies in educational institutions is called educational leave. The rules for the provision and payment of such leaves are regulated by law: articles 173 to 177 of Chapter 26 of the Labor Code of the Russian Federation.

Not everyone gets paid leave. There are a number of requirements for both the employee and the educational institution.

An employee can receive compensation only if he is receiving education at this level for the first time. That is, if this is a second higher education, the vacation will not be paid. If he studies at the initiative of the employer, which is stated in the employment agreement, then compensation is due.

Employees studying at several educational institutions at once can receive leave with preservation of earnings for only one of them of their choice.

An employee has the right to receive guarantees and compensation regardless of what field of study he is studying, and whether the educational profile is related to his work activity. Also, the payment of benefits is not affected by the start time of training: before concluding an employment agreement or after. The amount of time worked at a given enterprise also does not matter.

An employee is entitled to benefits and compensation only if the educational institution in which he is studying has state accreditation. Its availability can be found in the call certificate, on the basis of which the employee is granted leave.

The amount of compensation is calculated from the employee’s average monthly earnings, which is calculated in the same manner as for paying the main vacation.

Vacation is provided in calendar days.

Duration and payment Higher education for bachelor's, specialist and master's degrees
Training of highly qualified personnel (higher education)
Secondary vocational education
Secondary and basic general education

Payment amount

Payment order

Payment for non-working holidays

Sick leave payment

Calculation and payment of study leave

In order for study leave to be paid, certain conditions must be met:

the employee receives this education for the first time;
the employer himself sent his employee for training;
the form of training must be part-time or part-time;
the educational institution has the appropriate accreditation.

An employee can receive education:

at the university;
at evening school or gymnasium;
in a technical school or college;
at school.

Application for study leave

In order to receive study leave you must:

Get a certificate from the university;
Write an application for leave addressed to the employer;
Wait for payment (no later than 3 days before the start of the vacation).

The legislation does not establish a unified sample application for vacation registration, however, it must necessarily reflect the following information:

name of the educational institution;
name of the enterprise at the place of employment, full name. manager;
type of leave – paid educational or unpaid;
Full name, position of the applicant employee;
start and end date of vacation;
basis – reference-challenge.

At the end the employee’s signature is placed. Documents are sent to the HR department or director.

How is study leave paid?

It is worth remembering that an employee can count on receiving payment for study leave only if he studies successfully. The very concept of “success” does not exist in labor law. Therefore, it is worth assuming that the employee must learn “without tails.” The employer is not obliged to give the employee paid student leave to retake them. An employee may take leave at his own expense to retake the test.

To qualify for study leave. The employee must write an application based on a certificate - a call from the educational institution. This document confirms that the employee must miss work for a valid reason.

Study leave is paid in the same way as regular leave. To calculate an employee’s average monthly earnings, you need to add up all of his “labor” income and divide by 12 months. Then the resulting number must be divided by the average number of days in a month. Since 2014, according to Art. 139 of the Labor Code of the Russian Federation, the average number of days in a month is 29.3.

With this calculation, the employee’s average earnings for 1 day in the accounting year are obtained. To find out the amount of compensation, you need to multiply this number by the number of calendar days of vacation.

For example, an employee, according to a summons certificate, must be present at the institute from February 14 to March 3, that is, 19 calendar days. During the year he earned 587,000 rubles. His average monthly income is 448,800 / 12 = 37,400 rubles. Then you need to calculate the average earnings for 1 day. You need 37,400 / 29.3 = 1,276.5 rubles. The total compensation for 19 days of study leave is 1,669*19 = 24,252.6 rubles.

Forms of documents presented to the employer

Before the start of study leave, the employee must present 2 documents to the employer:

help-call;
application for leave.

For a certificate of challenge issued by an educational institution operating on programs accredited by the state, a single form is used, which is approved by Order of the Ministry of Education and Science of Russia dated December 19, 2013 No. 1368.

Certificate-call form under Order No. 1368

If the call is made in connection with training in programs that do not have state accreditation, then a form developed by the educational institution itself is used for reference. In this case, the forms of certificates issued may vary.

There is no special form for the application. Therefore, it is drawn up in accordance either with the rules in force for a particular employer, or with generally accepted requirements for this document, implying that it should reflect:

employer's name;
position and full name of the responsible person to whom the application is addressed;
information about the applicant (position, full name, personnel number, name of the unit that is the place of work);
the essence of the request (for granting leave for study, indicating its duration and period, place of study, stage of study, information about the need for payment or non-payment);
date of compilation and signature of the submitter.

Leave for session

Basically, employees take study leave to pass the exam. According to the Labor Code, namely in Art. 173–176 of the Labor Code of the Russian Federation, the maximum duration of the session is established when receiving different types of education.

According to Art. 173 of the Labor Code of the Russian Federation, when studying in specialist and master’s programs, to pass the session the employee is provided with:

in the 1st and 2nd year of study – 40 days;
in subsequent courses – 50 days.

According to Art. 174 of the Labor Code of the Russian Federation, upon receipt of secondary vocational training, the following is provided for the session:

in the 1st and 2nd year of study – 30 days;
in subsequent courses – 40 days.

Help-call for session 2021: who needs it and why

The form of the summons certificate was approved on December 19, 2013 by order of the Ministry of Education and Science of Russia No. 1368. It is issued to students combining work with study at higher educational institutions to ensure the guarantees provided for in Article 173 of the Labor Code.

In accordance with this norm of the Labor Code, bachelors, masters and specialists studying part-time (part-time) have the right to take additional paid leave:

for 40 days – upon passing the session in the 1st and 2nd courses;
for 50 days – upon passing the session in subsequent courses.

If a student worker undergoes training in a shortened period, already in the 2nd year he can take a 50-day leave with pay. If an employee faces final certification before receiving a diploma, the maximum vacation time increases to four months.

To take advantage of such preferences, you must study at an educational institution that has state accreditation. The dean's office of the university issues him a certificate of invitation to the session, which he submits to the employer along with an application for study leave.

Full-time students will also need the same certificate if they find time to officially work somewhere. They are also given study leave, but only at their own expense: up to 15 days per academic year for intermediate sessions, and up to 4 months for defending their diploma and passing state exams.

Article 173 of the Labor Code sets out the maximum possible periods for students' educational leaves, depending on the form of study and other circumstances. However, the duration of leave for a particular employee will correspond to the session period specified in the certificate. That is, in reality it may be less than the period specified in the law (but not more!).

Having received a certificate and application from the student-worker, the employer is obliged to provide him with additional study leave. He issues a corresponding order, which indicates the duration of the vacation, as well as whether it is paid or not. The employee is introduced to this document against signature. If an employee studies by correspondence in another city, the employer pays for his travel to and from the place of study once a year.

Read also: How is student leave paid?

Study leave for part-time studies

When receiving education through correspondence courses, paid leave is provided if the employee:

receives education of this level for the first time;
the educational institution has state accreditation.

According to Part 1 of Art. 173 of the Labor Code of the Russian Federation, when studying at universities, the employer is obliged to provide the employee with:

40 calendar days of paid leave to pass the exam in the first two years of study;
50 calendar days of paid leave to pass a session in subsequent courses;
up to 4 months of paid leave to undergo state accreditation and defend a thesis.

According to Part 2 of Art. 173 of the Labor Code of the Russian Federation, in 2021 the employer is obliged to provide the employee with 15 calendar days of unpaid leave for:

passing entrance examinations;
to pass final exams if the employee is a student of preparatory courses.

In Art. 173 of the Labor Code of the Russian Federation, additional benefits are listed for correspondence students and those who study in the evening department:

Before the start of the final certification, the employee has the right to a shortened working week. According to Part 4 of Art. 173 of the Labor Code of the Russian Federation, such a week can be reduced to 7 hours a week. It is provided for a period of up to 10 calendar months before the start of the final tests;
if the parties reach an agreement, during this period the employee can ask for 1 non-working day per week or reduce each working day. This is stated in Part 5 of Art. 173 Labor Code of the Russian Federation;
during such exemptions, the employee receives 50% of his average earnings, but not lower than the minimum wage. This is stated in paragraph 4 of Art. 173 Labor Code of the Russian Federation.

In addition, for correspondence students, the employer must pay for travel to and from the place of study once a year. This is stated in Part 3 of Art. 173 Labor Code of the Russian Federation. However, these amounts are not subject to insurance premiums, as stated in the letter of the Ministry of Health and Social Development of Russia dated April 20, 2010 No. 939-19.

How many days are provided

Despite the guarantee of payment for student leave to take scheduled exams, the length of sessions is strictly regulated by law. Thus, in particular, Article 174 of the Labor Code of the Russian Federation states that in order to obtain an education at a secondary professional level, namely a technical school, an employee can only be given 30 days in total per year in the first two courses and 40 days in the subsequent ones.

Although in order to pass state exams and prepare for a defense, paid student leave can last up to two months, given that on the eve of graduating from a university, in addition to passing the exams, the student must also undergo pre-graduation practice. Moreover, 10 months before summing up the student’s work week, at his request, can be shortened by 7 hours with payment for the agreed time in the amount of 50% of average earnings.

Similar benefits have been established for part-time students when receiving higher education. So, in particular, on the basis of Article 173 of the Labor Code of the Russian Federation, an employee has the right to student leave in the first and second year of 40 days per year, and in the case of receiving education using the accelerated method, 50 days, starting from the second year. Payment for student leave in the third and fourth year will be made in the amount of 50 days per year, regardless of the method of obtaining education.

At the same time, to prepare for defending the thesis project and passing the final exams, the student is entitled to up to 4 months of paid leave, taking into account the internship and writing the agreed work, not to mention the preparation for passing the exams, which are quite difficult to pass, given their extensiveness and multi-stage nature. subject.

Also, a working student, along with the above benefits, can be given a shortened week of up to 7 hours or one day off with payment in the amount of 50% of earnings 10 months before preparing for the final exams. That is, in essence, when receiving education at any level, a worker has the same guarantees, but different amounts of compensation.

At the same time, in accordance with both Article 173 of the Labor Code of the Russian Federation and Article 174 of the Labor Code of the Russian Federation, the specified benefits can be provided to a worker only if he successfully masters the educational program and does not have the so-called “tails”, for which he will have to take a vacation at your own expense, and even then in consultation with management.

How is study leave paid for part-time students?

Study leave for part-time students is paid in the same way as their main leave. A student who needs to visit an educational institution to take a session or final certification must write an application addressed to the employer.

In the “header”, in the upper right corner it is indicated:
full name of the employer, including legal form;
position and full name of the applicant;
structural unit where he works. This does not have to be specified. This information is relevant for large enterprises.
Then the word “Statement” is written in the middle of the sheet;
In the “body” of the application, it is necessary to describe in detail the reason - the provision of study leave. You also need to indicate the name of the educational institution, as well as the basis for granting leave and its duration. You can simply rewrite the information from the call help. You also need to indicate whether leave is with or without pay;
The applicant’s signature with a transcript of the surname;
Date of application.

Based on the application, the HR department issues an order to pay the employee for study leave. He must receive compensation 3 days before the start of his vacation. This is stated in Part 9 of Art. 136 Labor Code of the Russian Federation.

The first page of the summons certificate is attached to the application. The second part is given to the employer after the employee visits an educational institution, passes a session, entrance exams or defends a thesis. This certificate confirms that the employee did not use his vacation in vain. That is, he successfully studies at an educational institution and has the right to receive the next vacation if necessary.

Requirements according to the Labor Code and the order of the Ministry of Education and Science

The Labor Code includes only a reference norm regarding the summons certificate.
This law states that approval of its form falls under the responsibility of the authorized body at the federal level of the executive power system, which is entrusted with establishing the policy of the Russian Federation in the field of education. The form for the summons certificate was determined by the Ministry of Education and Science, which issued the corresponding 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;
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 employee’s surname, as well as his name and patronymic, which are put in the 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 taken (or in which the diploma is defended);
the time of the vacation provided, you need to write the date of its beginning and its end, as well as indicate its total duration;
designation of the educational organization;
details of the certificate issued to the educational organization certifying its accreditation;
name of the authority from which this certificate was received
level of training program that the employee is completing
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 an employee is studying at a university, the rector must sign, unless he has granted this right to another employee. This detail must be sealed.

The bottom part of the certificate is detachable. With its help, it is verified that the employee passed the session during such and such a period of time. After completing this process, the head of the educational institution fills out all the required fields, after which this counterfoil is provided to the employer.

Providing study leave upon receipt of the first higher education

Upon receipt of the first higher education, the employer is obliged to pay the employee study leave if:

he is studying part-time or part-time;
The educational institution has state accreditation.

An employer can provide an employee with study leave even if the educational institution does not have state accreditation. But such a provision must be spelled out in a collective agreement or in another local regulatory act of the employer.

The employer is obliged to pay the employee:

40 calendar days of paid leave to pass the exam in the first two years of study;
50 calendar days of paid leave to pass a session in subsequent courses;
up to 4 months of paid leave to undergo state accreditation and defend a thesis.

The employee goes on vacation on the basis of an application, the attachment to which is the first part of the summons certificate. The form of the certificate was approved by the Ministry of Education of Russia by order No. 1368 of December 19, 2013. The application is written in any form.

An employer does not have the right to refuse to grant an employee study leave. This is a violation of labor laws.

Required package of documents

Request and confirmation from the university

To complete the procedure, you will need a call certificate. The student must take this document from the academic department of the university, presenting his grade book.

The help must contain information about the start and end of the session. The document must be provided to the employer no later than 10 days before the start of the session.

The help consists of two parts:

Call.
Confirmations.

The Government of the Russian Federation has approved a specific form of the document.

On a note. Written confirmation is drawn up and signed by authorized persons of the educational institution, and the employee takes the document and takes it to his work to the personnel administration department to draw up an order.

Procedure for issuing a call certificate:

In the upper left corner of the document the full name of the educational institution, address and contact numbers are written.
The upper right corner consists of the date and document number.
Below in the middle the name is recorded - a certificate of challenge for the right to grant study leave.
In the employer field, enter the company data (name, legal form) or the full name of the manager.
Below are links to laws (Articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation)
Then the form of study and the student’s course are indicated.
Last name, first name and patronymic of the student.
Next comes information about the provision of leave and the date (from which date to which date).
Total number of days.
The full name of the university indicating the document on the basis of which the activity is carried out.
Signature of the authorized person of the institution.
The second part of the document is fixed in the middle - a confirmation certificate.
Student's name.
Phrase: “I was in such and such an educational institution” (name of the UNIVERSITY) and period.
Signature.
Two stamps are placed on the document: one on the summons certificate, the other on the confirmation.

Written request from an employee

The employee is required to write and provide the employer with a free-form application. However, it must contain the following information:

In the header of the document you must indicate the name of the company, full name of the responsible person, your position and full name.
The title of the document is written in the middle.
Next comes a request for study leave for a certain period.
Name of educational institution.
A phrase about the help-call application.
Date and signature of the employee.

It is worth remembering that the start date of the vacation must coincide with the date in the call certificate.

The following is an example of an application for study leave:

How to issue an order at the place of work?

After management receives the application, responsible persons issue an order. The document is generated in any form or on the company’s letterhead. It is allowed to use a unified form - T-6.

The order must contain the following information:

Number and date of compilation.
Employee personnel number.
Document's name.
Position and full name of the employee.
Days when a person will be absent from work.
Reason for absence.
Total number of educational days off.
The basis for the order is a summons certificate.
Manager's signature.

After review, the employee must put his signature on the order. Since the labor legislation of the Russian Federation does not define study leave, the name is fixed - additional leave.

Conditions for granting student leave

Modern employers often encounter employees who successfully combine professional obligations with parallel studies. However, here managers should remember that such employees often have some additional privileges. In particular, we are talking about the possibility of registering a study leave period. It is given to employees to perform basic tasks directly related to the learning process.

The current regulations have established a number of important conditions, subject to which educational leave can actually be granted to employees:

The employee is receiving education for the first time. If we are talking about repeated acquisition of knowledge, the subordinate will not be able to apply for study leave. As for the areas of education or other similar factors, they will not have any significance here.
The employee fulfilled his obligation to provide the employer with the main document - a special summons certificate. It is issued by an educational institution and is the main evidence of the fact that a citizen really needs leave from work to solve educational problems. Another important nuance will be the mandatory accreditation of the educational institution. If it is missing, the employer will have a legal right to refuse to provide educational leave.
Finally, leave can only be claimed from the main employer. If an employee works in an organization on a part-time basis, he will not be able to apply for vacation registration. In this case, part-time work will have to be combined with studies.

If all the above conditions have been met, it means that the employee will actually be able to apply for study leave. It should be noted that the duration of the vacation period is set individually and largely depends on the immediate basis for which such vacation is issued. For example, an employer must give more time to prepare a thesis than to prepare a citizen to pass entrance exams, etc. In some cases, the director may ask a subordinate to leave early. However, he has no right to insist on this.

Entering information about study leave

Information about study leave should be entered into the employee’s personal card (unified form N T-2, approved by Resolution No. 1). For this purpose, the card provides a special section VIII “Vacation”.

Similar information must be reflected in the employee’s personal account (unified forms N T-54 and T-54a, approved by Resolution No. 1).

In the work time sheet (unified forms N T-12 and T-13, approved by Resolution No. 1) during the employee’s study leave, it is necessary to indicate on paid leave or “UD” on unpaid leave.

Olga Ivanovna Khylpus, Help-Audit LLC