If an employee is studying, then at his request, the employer is obliged to provide him study leave. However, do not rush to pay. Perhaps the employee is entitled to only unpaid leave.
Many companies have employees who combine work with training. In accordance with the law, these employees are entitled to study leave. You won't find in Labor Code term "study leave". It deals with additional holidays with the preservation of average earnings and holidays without pay for employees who combine work with education, and employees entering training. However, it is common to call study leave all those holidays that are provided to employees for various purposes related to education. Such holidays are established by Chapter 26 of the Labor Code.
So, study leave can be:
- paid (additional leave with the preservation of average earnings);
- unpaid (vacation without pay).
Who is eligible for study leave?
According to the provisions of the Labor Code *(1), study holidays are granted to those employees who receive a certain level of education. The right to paid study leave arises under the following conditions:
- the employee learns successfully;
- the educational institution has state accreditation;
- the employee receives education of this level for the first time.
Let us consider separately each of these conditions, as well as the difficulties that arise in their implementation.
Studying successfully. The Labor Code does not disclose the content of the concept of "successful mastering of the educational program". Usually, speaking about the success of training, they mean the absence of debts in subjects or “failures” in the grade book. In any case, the implementation of current monitoring of students' progress is within the competence of the educational institution. Therefore, the success of training is confirmed by a certificate-call, and the requirement to provide a record book or other documents on academic performance on the part of the employer is unlawful.
State accreditation. Of course, the right to study leave is given to employees who combine work with study educational programs with state accreditation.
But there is an exception. Educational leave (paid or unpaid) can also be granted to those who study in educational institutions that do not have state accreditation. For this this condition it is necessary to register in the labor or collective agreement * (2). If the employer has sent the employee to such off-duty training, the employee is provided with guarantees and compensations provided for by the Labor Code *(3).
Requirement to receive education for the first time. If an employee is studying at a technical school, college or institute for the first time, then there are no questions. But there are cases, although at first glance not so obvious, when the education received is also considered the first.
For example, if an employee has previously received an education of the appropriate level, but did not complete the training, that is, did not receive a diploma, then the education he is currently receiving at the same level for the purpose of granting study leave is considered the first.
Another option: if the employee received a higher education immediately after graduation, then training in secondary educational programs vocational education is considered to have obtained an appropriate level of education for the first time.
Also, if an employee who has a diploma of secondary vocational education with the qualification of a skilled worker (employee) studies under the training programs for mid-level specialists, then this is not a second or subsequent secondary vocational education.
Please note that studying at the magistracy of an employee with a bachelor's degree will not be a second higher education. Therefore, such an employee can take advantage of the guarantees provided for by labor legislation.
The only exception when study leave (both paid and unpaid) can be granted to an employee who already has a vocational education of the appropriate level is the direction for training by the employer in accordance with an employment contract or a student agreement concluded in writing * (4) .
Non-core training
If the specialty for which the employee is studying is non-core for the company, the employer does not have the right to refuse to grant study leave to the employee, since the Labor Code does not link the provision of study leave with the specialty that the student receives. If the employee is sent for training by the employer in a certain specialty, then the transition to another specialty is not possible.
If a part-time student is studying
Part-time students are not granted study leave. The right to study leave arises only at the main place of work * (5). In relation to part-time work, such an employee, on the basis of his application, may be granted ordinary leave without pay * (6). If an employee studies at the same time in two organizations that carry out educational activities, then leave is due in connection with training in only one of these organizations at the choice of the employee * (7).
When is study leave paid?
Employees who study part-time or in the evenings under state-accredited bachelor's, specialist's, master's, secondary vocational education programs are entitled to paid educational leave * (8). Paid study holidays are provided in calendar days.
- Higher education (academy, university, institute) Bachelor's degree, specialist's degree, master's degree. Correspondence, part-time (evening) form of education Intermediate certification (session) in the first and second years 40 calendar days
- Intermediate certification in the third and subsequent courses 50 calendar days
- Mastering the program in a shortened time frame in the second year 50 calendar days
- Final certification (passing state exams, preparing and defending a diploma) Up to 4 months in accordance with the curriculum
- Postgraduate (adjuncture). Distance learning Education Annually 30 calendar days + time spent on travel from the place of work to the place of study and back
- Completion of the dissertation for the degree of Candidate of Sciences 3 months
- Residency, assistantship - internship. Distance learning Education Annually 30 calendar days + time spent on travel from the place of work to the place of study and back
- Applicants for the degree of Candidate of Science Completion of the dissertation for the degree of Candidate of Science 3 months
- Secondary professional (technical school, college) Correspondence, part-time (evening) form of education
- Intermediate certification (session) for the first and second courses 30 calendar days
- Intermediate certification in the third and subsequent courses 40 calendar days
- Final certification (passing state exams, preparing and defending a diploma) Up to 2 months in accordance with the curriculum
- Basic general (evening school) Part-time (evening) form of education Final certification (final exams after grade IX) 9 calendar days
- Secondary general (evening school) Part-time (evening) form of education Final certification (final exams after XI (XII) class) 22 calendar days
Study leave payment procedure
For the period of paid study leave, the employee retains the average earnings. It is calculated in the manner prescribed for the payment of vacations provided in calendar days. Average earnings are paid for all calendar days, including holidays, falling on the period of study leave provided in accordance with the call certificate. Study leave must be paid no later than three days before its start*(10). Please note that crediting study leave after the end of the session and providing the employer with a confirmation certificate is illegal. For violation of the deadline for paying vacation pay, the employer is liable * (11). It does not matter whether the employer is to blame for the delay in payment or not.
Important! There have been changes in the provision of educational paid holidays to employees who combine work with education in educational institutions of higher and secondary vocational education. Additional leave with the preservation of average earnings for the delivery of final state exams lasting 1 month from September 1, 2013 is not provided * (12).
The consequences of not providing a confirmation certificate or presenting such a document in which violations are noted (in particular, failure to appear for exams) are not directly defined by labor legislation.
Having identified the misuse of study leave, the employer may require the employee to voluntarily return vacation pay. At the same time, if the employee refuses to fulfill this requirement, it is impossible to deduct vacation pay from wages, since the Labor Code does not provide for such a basis for deduction * (13). The employer can apply to the court with a claim for the recovery of the overpaid amount, but given the lack of direct provisions in the law, it is problematic to predict the outcome of the trial.
Do not forget that the provision of guarantees and compensations to employees who combine work with training is the obligation of the employer, and not the right. Therefore, in case of non-fulfilment, the employee can apply to the state labor inspectorate, which in turn can present violators labor rights binding orders to eliminate violations labor law*(fourteen). In addition, the inspection has the right to bring the perpetrators to administrative responsibility * (15).
Important! School students who receive initial vocational education are no longer entitled to paid leave to take exams for 30 calendar days within one year, regardless of the form of study - full-time, part-time or evening * (16).
When study leave is not paid
In addition to paid leave, a student employee has the right to additionally take study leave at his own expense. Study leave without saving average earnings is also provided in calendar days. The duration of such holidays depends on their purpose and level of education.
Duration of unpaid study leave depending on the type of education
- Type of education Purpose of leave Duration of unpaid study leave
- Higher (bachelor's, specialist's, master's) Entrance examinations (exams) 15 calendar days
- Final certification (exams) at the preparatory department 15 calendar days
- Intermediate certification (session) at the full-time department (full-time education) 15 calendar days per academic year
- Preparation and defense of the final qualifying work, passing state exams (full-time education) 4 months
- Passing state exams (full-time education) 1 month
- Secondary professional (technical school, college) Entrance examinations (correspondence, part-time and full-time forms) 10 calendar days
- Intermediate certification (full-time education) 10 calendar days per academic year
- Final certification (full-time education) Up to 2 months
The law establishes not only the conditions for granting study holidays, but also their guaranteed duration. If the employment contract with the employee specifies a smaller number of days of study leave or includes a condition that the employee refuses to use study leave or pay for it, then this condition of the employment contract will not apply * (17).
Conversely, it is not forbidden to improve the position of workers in comparison with labor legislation. Therefore, in a collective agreement or in employment contract it is possible to provide for additional cases of granting study holidays, increasing their duration or granting leave with pay instead of leave without pay * (18).
At the same time, it should be noted that the provision of study leave is one of the guarantees for employees who combine work with study. That is, the employee can use this guarantee in full or refuse it or use it partially. To do this, in addition to the certificate-call, the employee must submit an application indicating from what date and for how long he asks to be granted study leave. The dates of the requested study leave must not exceed the period specified in the call certificate. Then the time worked must be paid wage, and for actually used vacation days - average earnings. The fact that the partial provision of study leave within the period specified in the call certificate does not contradict labor legislation is also confirmed by judicial practice * (19). Although Rostrud has a different point of view on this issue * (20). Granting a study leave of a shorter duration than that specified in the call certificate, even if the employee requests it, will not be fully comply with the requirements of the current legislation, since the study leave has a strictly designated purpose and should be used only within the established time limits.
Documents for registration of study leave
The basis for granting study leave is a certificate-call * (21). Two forms of certificate-call are approved: for those receiving higher education * (22) and secondary vocational * (23). Help-call for higher educational institution will also differ depending on what kind of vacation is provided - paid or not.
For other cases of granting educational leave, the call-inquiry forms are not approved. There is also no approved certificate form for a program that does not have state accreditation. But if the employee is granted study leave in accordance with a collective or employment agreement, such a certificate is issued in an arbitrary form. The only requirement for such a certificate is that it must reflect the purpose and timing of the study leave.
The employee is not required to bring a copy of the state accreditation certificate. This information is contained in the help call.
The second part of the certificate is filled in by the educational institution and certified with a seal after the study leave. It is a confirmation that the employee used the study leave for its intended purpose, namely: he really was in that educational institution, which issued him the specified certificate-call. The employer gives this part to the employee upon receipt of a certificate-call from him before the vacation, and the employee returns it when he returns to work from study leave.
If the employee provides only a certificate-call, then he needs to issue a study leave in accordance with it. The employer does not have the right to independently change the dates of the study leave.
Important! Replace study leave monetary compensation and cannot work while on study leave. If the employee actually worked during the study leave, he is entitled to wages for the days worked, and the average earnings received by the employee as vacation pay in this case is overpaid.
E. Noskova,
Senior HR Specialist
BDO Unicon Outsourcing
*(1) Art. 173-176 of the Labor Code of the Russian Federation
*(2) Art. 173, 174 of the Labor Code of the Russian Federation
*(3) Art. 187 Labor Code of the Russian Federation
*(4) Art. 177 Labor Code of the Russian Federation
*(5) Art. 287 of the Labor Code of the Russian Federation
*(6) Art. 128 Labor Code of the Russian Federation
*(7) Art. 177 Labor Code of the Russian Federation
*(8) Art. 173, 174 of the Labor Code of the Russian Federation
*(9) Art. 173-176 of the Labor Code of the Russian Federation
*(10) Art. 136 Labor Code of the Russian Federation
*(11) Art. 236 of the Labor Code of the Russian Federation
*(12) sub. "b" p. 18, sub. "b" clause 20 of the Federal Law of July 2, 2013 N 185-FZ (hereinafter - Law N 185-FZ)
*(13) art. 137 of the Labor Code of the Russian Federation
*(14) Art. 357 of the Labor Code of the Russian Federation
*(15) art. 5.27 of the Code of Administrative Offenses of the Russian Federation
*(16) clause 21 of Law N 185-FZ
* (17) Part 2 Art. 9 of the Labor Code of the Russian Federation
*(18) art. 9, 41, 57 of the Labor Code of the Russian Federation
*(19) definitions of the Trans-Baikal Regional Court dated March 21, 2012 N 33-835/2012, Vologda Regional Court dated September 28, 2011 N 33-4454/2011
* (20) letter of Rostrud dated 12.09.2013 N 697-6-1
*(21) art. 177 Labor Code of the Russian Federation
* (22) order of the Ministry of Education of Russia dated 13.05.2003 N 2057
* (23) order of the Ministry of Education of Russia dated 12/17/2002 N 4426
, working students begin to think closer to the beginning of the next session. How is study leave paid? , 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 doesn’t matter if 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 the 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. Form of learning values in this case does not have - an 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 made in any form, required condition- the purpose of obtaining a vacation (for example, to write 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 the average salary, which is calculated in the same way as when paying for other holidays. However, in some situations, the employee is granted unpaid leave.
Such cases include:
- Upon receipt of 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 in full-time;
- preparing and defending a diploma and passing state exams (full-time).
- 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 is that, regardless of the amount of leave, the citizen retains his job.
By 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. The Labor Code does not provide for the option of recalling an employee from such a vacation.
Please note that the employer is not entitled to replace study leave with monetary compensation, since this time is not included in the period set for the employee to 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 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.
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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 judicial practice, according to which employees dismissed in this way are restored and receive average earnings during their 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.
Labor legislation establishes additional guarantees for employees who combine work with training, including the right to study leave. It is provided in calendar days, regardless of the actual duration of the employee's work with the employer. Study leave is granted to the employee upon his written application. An application for study leave is written in any form addressed to the head of the organization. A certificate-call from an educational institution must be attached to the application without fail.
The employer is obliged to provide the employee with study leave, regardless of the amount of time worked.
Study leave can be either paid or unpaid. What kind of vacation an employee is entitled to depends on the form of training, the type of educational programs and a number of other conditions.
Study leave is granted to employees who receive the following types of education:
— higher education in bachelor's, specialist's or master's programs, as well as applicants for training in the specified educational programs (Article 173 of the Labor Code of the Russian Federation);
- higher education - training of highly qualified personnel (Article 173.1 of the Labor Code of the Russian Federation);
- secondary vocational education, as well as applicants for training in this type of education (Article 174 of the Labor Code of the Russian Federation);
- basic general education or secondary general education in part-time education (Article 176 of the Labor Code of the Russian Federation).
Student leave is granted subject to the following conditions:
- Guarantees and compensations for employees who combine work with education are provided upon receiving an education of the appropriate level for the first time (Article 177 of the Labor Code of the Russian Federation).
Consider an example:
The employee has a secondary vocational 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.
The specified 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;
- if an employee combines work with education at the same time in two organizations engaged in educational activities, guarantees and compensations are provided only in connection with education in one of these organizations (at the choice of the employee). This is also mentioned in Art. 177 of the Labor Code of the Russian Federation.
Consider an example:
The 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.
It should be borne in mind that the employer may refuse the employee's request, citing the fact that this condition is not spelled out in the labor (collective agreement). In this case, the employer has the right to do so;
- the educational institution in which the employee is trained must have state accreditation.
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;
- study leave can be granted only on the basis of a certificate-call from an educational institution;
- study leave is granted for a duration not exceeding that specified in Ch. 26 of the Labor Code of the Russian Federation. Exception: the employer can provide educational leave of longer duration, provided that this is stated in the labor (collective) agreement.
Registration and payment of study leave
Study leave is granted on the basis of an employee's application and a call certificate. Then an order is issued.
On January 1, 2013, the Federal Law of December 6, 2011 N 402-FZ “On Accounting” came into force. It does not contain requirements on the need to draw up primary accounting documents according to unified forms. The Ministry of Finance of Russia in Information N PZ-10/2012 noted that the forms of primary accounting documents established by the authorized bodies in accordance with other federal laws and on their basis remain mandatory for use. According to experts, after the entry into force of Law N 402-FZ, non-governmental organizations have the right to use the forms of primary accounting documents developed by them independently (Letters of Rostrud dated January 9, 2013 N 2-TK, dated January 23, 2013 N PG / 10659- 6-1, dated February 14, 2013 N PG / 1487-6-1).
The requirements for primary accounting documents contained in Art. 9 of Law N 402-FZ, can only be partially applied to documents used to register events in the field labor relations. Paperwork using independently developed forms for accounting for labor and its payment may cause claims from inspectors, since the developed form may not take into account (not fully take into account) the requirements of labor legislation for a particular document. Therefore, at present, in terms of compiling documents on accounting for labor and its payment, it is still more expedient for organizations to use unified forms approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1. The use of these unified forms in accordance with paragraph 4 of Art. 9 of Law N 402-FZ must be approved either by a separate order of the head of the organization, or by an annex to the accounting policy.
When using unified forms, an order for the provision of study leave is issued in the form N T-6. In section B of this form, it is necessary to reflect the type of vacation in accordance with Ch. 26 of the Labor Code of the Russian Federation (additional leave with saving of average earnings or without saving wages). In parentheses, you can give the common name "educational". The column "Period of work" is not filled in, since the Labor Code of the Russian Federation does not associate the provision of this leave with the period of work.
Section B indicates the total number of calendar days and the period of vacation (vacations) with specific dates for its (their) beginning and end.
The signed order is registered in the register of orders for granting leave.
If a vacation is issued with the preservation of average earnings, the order with the signature of the employee is transferred to the accounting department for accrual of vacation pay. At the same time, a note-calculation is drawn up on the provision of leave to the employee (form N T-60): the personnel department fills out section B regarding additional leave, while the accounting department provides data on the calculation of vacation pay.
Study leave is paid based on the average salary of the employee. Payment for study leave is calculated in the same way as for annual paid leave.
Note that the average daily earnings for paying holidays and paying compensation for unused holidays are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days) (part 4 of article 139 of the Labor Code of the Russian Federation) .
But in most cases, student workers do not work out the full billing period. If one or several months of the billing period were not fully worked out or the time was excluded from it when (the employee retained the average salary in accordance with the legislation of the Russian Federation, with the exception of breaks for feeding the child provided for by the labor legislation of the Russian Federation, and (or)) the employee received temporary disability benefit or maternity benefit - as well as in other cases specified in paragraph 5 of the Regulations on the peculiarities of the procedure for calculating the average wage (approved by Decree of the Government of the Russian Federation of December 24, 2007 N 922), average daily earnings is calculated by dividing the amount of actually accrued wages for the billing period by the aggregate of the average monthly number of calendar days multiplied by the number of full calendar months and the number of calendar days in incomplete calendar months (clause 10 of the said Regulation).
The number of calendar days in an incomplete calendar month is calculated by dividing the average monthly number of calendar days (29.4) by the number of calendar days of that month and multiplying by the number of calendar days falling on the time worked in that month.
It is possible that the days of study leave will have a non-working holiday. The legislation does not provide for the extension of study holidays by the number of non-working holidays that fall during such a vacation, since the rule on extending vacation for non-working holidays that fall during the vacation period applies only to annual basic or annual additional holidays (Article 120 of the Labor Code of the Russian Federation). Therefore, when determining the amount of vacation pay for additional educational leave, all calendar days (including non-working holidays) falling within the period of such vacations provided in accordance with the call certificate of the educational institution are subject to payment.
During the study leave, there is a non-working holiday on June 12. And he was included in the number of paid 25 calendar days indicated in the certificate-call.
The rule on non-extension of study leave also applies to the period of incapacity for work. If the period of temporary disability fully or partially coincides with the period of study leave, the corresponding allowance is not paid (clause 1 clause 1 article 9 of the Federal Law of December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary Disability and in connection with motherhood", subparagraph "a" of paragraph 17 of the Regulations on the peculiarities of the procedure for calculating benefits for temporary disability, pregnancy and childbirth for citizens subject to compulsory social insurance in case of temporary disability and in connection with motherhood, approved by the Decree of the Government of the Russian Federation of June 15 2007 N 375).
If at the end of the study leave the employee continues to get sick, then starting from the day when he was supposed to go to work, he should accrue temporary disability benefits (part 1 of article 183 of the Labor Code of the Russian Federation, clause 2 of article 5, clause 1 of article 13 of Law N 255-FZ).
Vacation payment must be made no later than three days before it starts (part 9 of article 136 of the Labor Code of the Russian Federation). This rule also applies to educational paid holidays. If the organization is late with payment, the employee may demand interest for each day of delay from the unpaid vacation pay (Article 236 of the Labor Code of the Russian Federation). In addition, for violation of the deadline for paying vacation pay, a fine is possible under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. In practice, employers not so rarely neglect this rule, thereby infringing on the rights of employees. The payment of remuneration for study leave after the employee provides the second part of the certificate-call is a violation of the labor legislation of the Russian Federation.
An entry on the grant of study leave is also made in sect. VIII "Vacations" of the personal card (form N T-2) of the employee.
In the time sheet (form N T-13) or the time sheet and payroll calculation (form N T-12) (approved by the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1) when granting study leave:
- with the preservation of wages, the letter code "U" is affixed or digital code"eleven";
- without saving earnings - the letter "UD" or the digital "13".
The call certificate, on the basis of which the study leave is granted, must be kept in the organization for at least five years (clause 417 of the List of typical managerial archival documents generated in the course of activities government agencies, bodies local government and organizations, indicating the terms of storage, approved. Order of the Ministry of Culture of Russia of August 25, 2010 N 558).
If the employee is registered on the terms of internal combination, he is provided with paid study leave only at the main place of work, unless otherwise provided in the collective agreement of the university. Concurrently, he must issue a leave without maintenance for the duration of the study leave. With this in mind, the calculation of the retained average earnings is also carried out.
As you can see, the provision of study leave on the basis of a call certificate does not depend on the discretion of the employer. Additional leave for persons who combine work with education is one of the types of guarantees provided for by the current legislation of the Russian Federation (the aforementioned articles 173, 173.1, 174, 176 of the Labor Code of the Russian Federation). Therefore, the employee has the right to take such leave even if he disagrees. Employers should remember that their actions:
- for failure to provide the employee with study leave, which is due to him in accordance with the law or the collective agreement, labor contract, agreement, local regulatory act of the organization;
- on granting vacation less than required;
- to replace study leave with annual paid leave;
- on registration of leave without pay, in the case when it must be paid, - as well as the failure to provide other guarantees and compensations related to study leave, can be appealed by the employee in court (Article 391 of the Labor Code of the Russian Federation).
For such acts, the employer may be held administratively liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. Violation of labor legislation entails the imposition of an administrative fine:
- for officials and entrepreneurs-employers - in the amount of 1000 to 5000 rubles;
- on the legal entities- from 30,000 to 50,000 rubles.
Guarantees and duration of study leave
Guarantees and compensations for employees receiving higher education are provided in accordance with the provisions of Art. 173 of the Labor Code of the Russian Federation.
In educational institutions with state accreditation, employees studying in higher educational institutions in part-time and part-time (evening) forms of education, the company must provide additional holidays with the preservation of average earnings:
Form and type of education Duration of paid study leave (vacation) Reason
Correspondence education programs:
training of scientific and pedagogical staff in graduate school (adjuncture);
residency;
assistantship-internships 30 calendar days annually during training;
additional time spent on travel from the place of work to the place of study and back Article 173.1 of the Labor Code of the Russian Federation
Employees mastering programs for the training of scientific and pedagogical personnel in graduate school (adjuncture), as well as persons who are applicants for the degree of candidate of science Three months - to complete a dissertation for the degree of candidate of science Article 173.1 of the Labor Code of the Russian Federation
Correspondence and part-time (evening) forms of education for programs that have state accreditation: bachelor's, specialist's and master's programs 40 calendar days - for passing intermediate certification in the first and second years;
50 calendar days - to pass an intermediate certification at each of the subsequent courses (when mastering educational programs in a shortened time - in the second year);
up to four months - to pass the state final certification Article 173 of the Labor Code of the Russian Federation
Correspondence and part-time (evening) forms of education for state-accredited programs of secondary vocational education 30 calendar days - for passing intermediate certification in the first and second years;
40 calendar days - to pass the intermediate certification at each of the subsequent courses;
up to two months - to pass the state final certification Article 174 of the Labor Code of the Russian Federation
Part-time form of education according to state-accredited educational programs of basic general or secondary general education To pass the state final certification:
9 calendar days - according to the educational program of basic general education;
22 calendar days - according to the educational program of secondary general education Article 176 of the Labor Code of the Russian Federation
Paid study leave is granted to an employee if the following conditions are met at the same time (Articles 173, 174, 176, 177 of the Labor Code of the Russian Federation):
— state accreditation of educational programs;
- the employee receives education of this level for the first time;
- Successful employee training.
There is no concept of “successful training” in labor legislation. It is logical to assume that if a trainee has submitted a certificate-call from an educational institution, and earlier, after the end of study holidays, brought a certificate-confirmation (from the end of February this is the tear-off part (second) of the certificate-call), training can be considered successful.
If an employee is studying at two educational institutions at once, then educational leave is granted only in connection with studying at one of these institutions at the employee's choice (part 4 of article 177 of the Labor Code of the Russian Federation). At the same time, the right to choose is not limited to one university by the mentioned norm.
Vacations associated with studying at an educational institution of higher or secondary vocational education are granted for the number of days indicated in the call certificate, but not more than the number specified in Art. Art. 173 and 174 of the Labor Code of the Russian Federation.
Usually, in order to provide study leave, an employee studying at a higher or secondary educational institution submits an application, to which he attaches a certificate-call from an educational institution. The call-out form, which gives the right to provide guarantees and compensations to employees who combine work with education, was approved by Order of the Russian Ministry of Education and Science of December 19, 2013 N 1368. It has been used since February 25 of the current year. And it is the same for all training programs. Prior to this, different forms of certificates were used for students in secondary and higher educational institutions (approved by Orders of the Ministry of Education of Russia dated December 17, 2002 N 4426 and May 13, 2003 N 2057, respectively). In the Annexes to the mentioned Orders, two forms of certificates were given: one of them was used if the employee was entitled to study leave with the preservation of average earnings, the other - if unpaid leave was due.
When specifying the last name, first name and patronymic of the applicant for study leave, the certificate-call also contains his status: student, student of the preparatory department - or admission to the entrance exams.
Listed in help-call now all possible reasons granting study leave:
- passing entrance exams;
— intermediate certification;
— state final certification;
- final examination;
— preparation and defense of the final qualifying work;
– passing the final state exams;
— completion of a dissertation for the degree of candidate of sciences — one of which must be indicated.
The certificate also contains the level of education (basic general, secondary general, secondary vocational, higher) carried out by an educational institution according to educational programs that are mastered by trainees.
The manual states:
– form of education (full-time, part-time, part-time);
- course of study (for students);
- the name of the accreditation body that issued the certificate of state accreditation to the educational institution;
- details of the certificate of state accreditation;
- start and end dates of study leave and its duration in calendar days;
- code and name of the profession.
This information allows the employer to verify that the required conditions are met when granting study leave.
TO new form all educational institutions that implement training programs, the development of which by an employee-student allows him to claim the guarantees and compensations provided for by the mentioned Art. Art. 173, 173.1, 174 and 176 of the Labor Code of the Russian Federation.
Study leave is supposed to be granted strictly within the time limits specified in the call certificate. It happens that a student employee indicates in the application for the study leave a shorter period than that given in the call certificate. It is clear that the employee's desire is to have as little loss of money as possible, because the payment for a day of study leave is lower than the payment for an employee's working day. Therefore, he tries to document a shorter period of his vacation in order to increase the number of working days. Moreover, the use of such leave is a right, and not an obligation of the employee, and in the labor legislation of the Russian Federation there is no rule prohibiting the partial use of educational leave.
The help call consists of two parts. The first part is filled in by the educational institution and transferred to the employer. On the basis of this part of the certificate, they are granted study leave to the employee. The initially blank second part of the certificate is issued by the educational institution after the end of the relevant training. This part is a confirming document that the employee is studying, and this, in turn, confirms the targeted use of study leave by him.
It should be noted that the Labor Code of the Russian Federation does not say anything about guarantees to an employee if he takes exams for certificates of basic general or secondary complete general education as an external student. In Law N 273-FZ, there is only a mention of the possibility of persons who do not have basic general or secondary general education to pass externally intermediate and state final certification in an organization carrying out educational activities according to the corresponding state-accredited basic general education program (clause 3, article 34 of Law N 273-FZ). At one time, guarantees for such a case were spelled out in the Regulations on Benefits for Workers and Employees Combining Work with Studying in Educational Institutions (approved by Decree of the Council of Ministers of the USSR of December 24, 1982 N 1116). But this document, in accordance with the Decree of the Government of the Russian Federation of March 28, 2012 N 245, from April 14, 2012, was recognized as not valid on the territory Russian Federation(clause 10 of Appendix N 1 to Resolution N 245).
In some cases, the employer, at the request of the employee, is obliged to provide him with study leave without pay. Such study holidays are calculated in calendar days, and their duration depends on the purposes for which these holidays will be used.
The employer is obliged to grant unpaid leave:
- employees admitted to entrance examinations - 15 calendar days;
- employees - students of preparatory departments of educational organizations of higher education to pass the final certification - 15 calendar days;
- employees studying in higher educational institutions in full-time education, combining education with work: for passing intermediate certification - 15 calendar days;
- employees studying in higher educational institutions on a full-time basis, combining education with work - 4 months;
- for passing the final state exams - 1 month.
For employees who successfully receive higher education by correspondence, the employer pays for travel to the location of the educational institution and back once in the academic year.
Employees who successfully receive higher education in part-time and part-time (evening) forms of education for a period of up to 10 academic months before the start of the state final certification;
- at their request, a working week is established, reduced by 7 hours.
During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not lower than the minimum wage.
By agreement of the parties to the employment contract, the reduction of working time is carried out by providing the employee with one day off from work per week or by reducing the length of the working day during the week.
In accordance with the provisions of Art. 173.1 (this article was introduced by the Federal Law of July 2, 2013 N 185-FZ) employees mastering the program:
– training of scientific and pedagogical staff in graduate school (adjuncture);
- residency;
- assistant traineeships;
— by correspondence course, have the right to:
additional annual leave at the place of work lasting 30 calendar days with the preservation of average earnings.
At the same time, the time spent on travel from the place of work to the place of training and back is added to the annual additional leave of the employee, while maintaining the average earnings. The specified travel is paid by the employer;
one free day from work per week with payment in the amount of 50% of the salary received.
The employer has the right to provide employees, at their request in the last year of study, with no more than two additional free days from work per week without pay.
In addition, the above employees, as well as employees who are applicants for a PhD degree, are entitled to;
- to provide them with an additional annual leave of 3 months at their place of work to complete a dissertation for the degree of candidate of sciences while maintaining their average earnings.
Taxation of payments to employees who combine work with study
Consider whether an organization, when calculating income tax, can take into account the expenses incurred by it in connection with the provision and payment of study holidays and other established benefits to employees, and what taxes and insurance premiums it must accrue from these payments.
income tax
The cost of paying the average salary, kept by the employee in accordance with the legislation of the Russian Federation for the period of study leave, as well as the cost of travel to and from the place of study, are related to labor costs and, therefore, reduce the taxable profit of the organization. This is stated in paragraph 13 of Art. 255 of the Tax Code of the Russian Federation.
Note that in the above paragraph we are talking only about those paid educational holidays, the provision of which is provided for by the current legislation - the Labor Code or Law N 273-FZ. But employers have the right to provide study leave in other cases (for example, when an employee receives a second higher education or when studying at a university that does not have state accreditation). In such situations, study leave is granted on the basis of an employment or collective agreement. The cost of paying them cannot be taken into account when calculating income tax, because in paragraph 24 of Art. 270 of the Tax Code of the Russian Federation states that for tax purposes, the costs of paying for vacations provided under a collective agreement in addition in excess of those provided for by current legislation are not taken into account.
Suppose an employee is educated at a secondary specialized educational institution that has state accreditation, but is located in another city. In accordance with Part 3 of Art. 174 of the Labor Code of the Russian Federation, the employer once in the academic year is obliged to pay 50% of the cost of travel to the place of study and back. However, in an employment contract concluded with an employee, it may be established that the organization fully compensates for all travel expenses to and from the place of study, and not once in the academic year, but every session. When calculating income tax, the company has the right to include in the costs only 50% of the fare (once per academic year). She will not be able to take into account the remaining amounts of compensation paid to the employee in expenses for the purposes of taxation of profits (clause 24, article 270 of the Tax Code of the Russian Federation).
Guarantees and compensations for employees who combine work with education in educational institutions that do not have state accreditation are established by a collective or labor agreement
As already mentioned, according to the Labor Code, the obligation of the employer to provide study leave and other benefits is not made dependent on whether the specialty received by the employee is related to his official duties.
There is no such restriction in the Tax Code. That is, the organization has the right to include in the expenses the amount of vacation pay accrued to the employee during the study leave, even if he is studying in a specialty that does not correspond to his labor functions. In addition, once in the academic year, the company can take into account in expenses the amount of compensation to the employee for the cost of travel to and from the place of study, paid in accordance with Art. 173 or art. 174 of the Labor Code of the Russian Federation.
* For child care
* Make a vacation schedule (Section of the site "Documents personnel service")
* Questions about the vacation schedule
* The employee is on vacation. How to get a replacement?
* Compensation for unused vacation
The procedure for granting study leave
The provision of educational leave (with or without pay) in accordance with Chapter 26 of the Labor Code of the Russian Federation “Guarantees and compensations for employees combining work with education” is referred by the legislator to guarantees and compensations.Depending on the circumstances, study leave is granted with or without average earnings. In any case, the period of study leave is calculated in calendar days.
For correct application of labor legislation, it is important to distinguish between the legal nature of annual (basic and additional) holidays and additional holidays in connection with training. Mixing the concepts of educational and additional annual leave in practice leads to errors in the order in which they are granted and calculated. The main differences between these types of holidays.
1. In accordance with the norms of Article 120 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working and holidays falling on the vacation period are not included in the number of vacation calendar days and are not paid, as a result, the actual duration of the vacation increases. This applies exclusively to annual (basic and additional) vacations.
Non-working holidays falling during the period of study leave are included in its period and paid, unless otherwise provided by the collective agreement or labor contract in accordance with the law (part 2 of article 9 of the Labor Code of the Russian Federation).
2. In accordance with Part 1 of Article 116 of the Labor Code of the Russian Federation, annual additional paid holidays are granted to employees:
employed in work with harmful and (or) hazardous conditions labor;
having a special nature of work;
with irregular working hours;
working in the regions of the Far North and equivalent areas;
in other cases stipulated by federal laws.
The purpose of the annual additional holidays specified in Part 1 of Article 116 of the Labor Code of the Russian Federation is to provide employees with longer vacations due to the special nature of work, its conditions, the impact on health of harmful production factors, as well as in connection with protection from adverse effects work in such conditions.
The legislator included the rules governing annual leave in Section V "Rest Time" of the Labor Code. And the provisions relating to study holidays (Articles 173-177 of the Labor Code of the Russian Federation) are assigned to Section VII "Guarantees and Compensations". According to Article 164 of the Labor Code of the Russian Federation, such holidays are a means for the employee to exercise his rights in the field of social and labor relations.
The legislative consolidation of guarantees for additional study holidays for employees who combine work with education is not determined by the nature and conditions of work and is not related to the impact of such work on the health of the employee. Unlike annual paid holidays, study holidays have a different purpose. Their goal is to study (and successful), combined with work.
From the literal interpretation of the norms of articles 173-176 of the Labor Code of the Russian Federation, the conclusion follows: additional paid vacations in connection with training are not “annual additional paid holidays”, which are referred to in article 120 and part 1 of article 116 of the Labor Code of the Russian Federation. This statement is also supported by the different approach of the legislator to the procedure for summing up additional annual holidays with annual paid holidays and the procedure for adding annual paid holidays to study holidays.
In the first case, on the basis of Part 2 of Article 120 of the Labor Code of the Russian Federation, the employer is obliged to sum up the additional annual vacation with the main annual. And in the second - the addition of annual paid holidays to study holidays (regardless of their payment) in accordance with Part 2 of Article 177 of the Labor Code of the Russian Federation is permissible only by AGREEMENT between the employer and the employee.
3. The next criterion for distinguishing between annual paid leave and study leave is the basis for their provision.
The basis for granting annual paid leave is the time of actual work and other periods of time giving the right to leave (Article 121 of the Labor Code of the Russian Federation). The basis for granting educational leave is the successful combination of studies by the employee in the relevant educational institutions, or his admission to entrance examinations in educational institutions of higher professional education or other educational institutions with state accreditation.
In addition, in accordance with paragraph 4 of Art. 17 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Vocational Education”, a separate basis for the employee to have the right to study leave is a certificate-call from the university, the form of which is given in Appendix No. 1 to the order of the Ministry of Education of Russia dated May 13, 2003 No. 2057.
An employee is entitled to apply for study leave if
the educational institution where he studies has state accreditation;he receives education of the corresponding level for the first time.
If an employee already has a diploma of higher education, but receives a second higher education, then the organization is not obliged to provide him with any benefits. However, the employer, on its own initiative, has the right to keep them for such students. When an employee is trained simultaneously in two educational institutions, benefits are provided to him by choice only in connection with studying in one of them. At the same time, the employer can provide leave on a call-out certificate from the second educational institution, but only at the expense of the enterprise’s own funds or without pay, if this is provided for by the organization’s local regulations (for example, a collective agreement).
Employees sent for training by the employer or enrolled independently in state-accredited educational institutions of higher, secondary, primary vocational education, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of education, as well as evening (shift) general educational institutions, successfully studying in these institutions, the employer provides additional leave with the preservation of average earnings. The duration of these holidays is determined by Chapter 26 of the Labor Code of the Russian Federation.
Employees studying by correspondence and part-time (evening) form of education in educational institutions of higher professional education with state accreditation for a period of ten academic months before the start of a graduation project or passing state exams are established at their request (written application) a working week, reduced at 7 o'clock. During the period of release from work, the specified employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day during the week.
Before giving a student a study leave, you should find out how successfully he combines study with work: whether he passes all tests and exams on time, whether there are any debts, absenteeism. To do this, you can send a written request to the educational institution or ask the student to present a record book.
Depending on the status of the educational institution, several categories of students can be distinguished:
employees entering a higher educational institution and studying at universities;
applicants and students of professional educational institutions of an average link;
students in primary vocational educational institutions;
those who receive education in evening (shift) general educational institutions in their free time.
Depending on the level of the educational institution, as well as the form of education - full-time, part-time, part-time (evening) - one or another type of guarantees and compensation is provided.
Study holidays for students are regulated by articles 173-176 of the Labor Code of the Russian Federation. They can be with the preservation of average earnings and at their own expense. The purpose of the study leave is to provide the employee-student with free time for the successful preparation and passing of examination sessions, graduation projects, state exams.
The following types of study leave are mentioned in legislative acts:
1. holidays with the preservation of average earnings for correspondence students and evening students studying at universities and institutions of secondary vocational education:
for passing intermediate certification (passing sessions);
to pass the final state exams;
2. holidays with the preservation of average earnings for students of educational institutions of primary vocational education, regardless of the form of education, for passing transfer and final exams;
3. holidays with the preservation of average earnings for evening students (replaceable) educational institutions- to pass the final exams;
4. leave without pay for applicants entering universities, including those without state accreditation, and educational institutions of secondary vocational education, and for full-time students:
to pass entrance examinations;
for passing final exams at the preparatory departments in universities;
to pass the intermediate certification;
for the preparation and defense of a thesis (project) and passing the final state exams;
to pass the final state exams.
How to arrange study leave
A few examples from practice.Example 1
Secretary of Parus LLC Vorobyeva Svetlana Romanovna wrote a statement addressed to CEO with a request to provide study leave for admission to the institute.
Since Vorobieva S.R. there is no higher education, and the educational institution where she plans to enter has state accreditation, she cannot be denied study leave. She should be granted unpaid leave.
Order option (design is not finished page)
The acquisition of knowledge is one of the most notable trends of our time.
Having studied in his youthful student years, a person, even if he is a professional, an expert in his field, often wants to continue his studies, get additional education or improve his existing qualifications.
A widespread situation can be recognized when an employee begins his career without having a diploma in the chosen specialty, but receives it on the job.
The legislative framework
Legislative information regarding who can be given study leave and the procedure for paying it is contained in the Labor Code of the Russian Federation (Articles 173-177, 287, etc.), federal law"On Education in the Russian Federation", a number of orders of the Ministry of Education of Russia.
An employee who combines work at the enterprise and training can take advantage of the study leave due to him. In addition, study leave can be paid subject to a number of necessary conditions such as the primacy of obtaining a certain level of education and the form of education. Study leave should not be confused with other types of leave at work, it cannot be replaced or replace them.
Employees may be provided depending on the goals and levels of training study leave that:
- paid (it is, while the employee is paid the average salary);
- paid (it can be used by a training employee, but he will not receive a salary during this period).
Conditions and terms of receipt
The legislation of the Russian Federation guarantees study leave to an employee of an organization if he takes a course of study at an educational institution in accordance with a number of mandatory conditions:
Study leave is used by employees, as a rule, for passing a session at an educational institution.
The Labor Code of the Russian Federation establishes maximum session duration when receiving education at different levels:
The employee also has the opportunity to use unpaid study leave as additional at your own expense .
Its duration will depend on the purpose and level of education:
- For admission to the bachelor's, specialist's, and master's programs at entrance tests 15 days are allotted, for a session with full-time education - 15 days, for passing state exams, preparing and defending a diploma - 4 months.
- In a technical school and college for any form of education, entrance examinations will be given 10 days, for intermediate certification in full-time - 10 days, for the final certification in full-time - 2 months.
Labor legislation clearly establishes the conditions under which study leave can be obtained, as well as its duration. The employer cannot voluntarily reduce these terms, even if this is stated in the employment contract. However, it is not prohibited to improve the situation of employees who are studying in comparison with those prescribed by law, in particular, it is possible to provide additional holidays or increase their duration, to guarantee the preservation of wages for the duration of the holiday, even if it is not required by law to receive it.
Since the study leave must be guaranteed to be given to students in training, they have the right both to use this guarantee in full, and to refuse it or use it partially. At the same time, vacation dates must be within the period indicated in the call certificate. In this case, the average salary will be transferred to the employee for the actual vacation days, and wages for the hours worked.
Calculation and payment procedure
Study leave is paid according to the same scheme as the main one, that is, it is taken as a basis average earnings a learning employee for Last year. For the correct calculation of the average earnings per month, you must first add up all his income for the annual period and divide by 12 months, and then divide the resulting amount again by the average number of days in the month. By law, it is taken equal to the value of 29.3. The resulting number will show the average employee earnings for 1 day in the billing period (year). Further, to determine the entire amount of compensation, it is necessary to multiply the resulting number by the number of calendar days of vacation.
It should be noted that vacation pay must take place no later than 3 days before it starts, crediting funds after the end of the session and confirming the success of the training with a call-back is illegal. For such a violation, the employer bears administrative responsibility, and regardless of whether he is really to blame or not.
Disputable is the situation when the employee was trained unsuccessfully: violations were identified, absenteeism for exams, unsatisfactory results were obtained. Labor legislation does not directly define the consequences of such actions. In case of misuse of study leave, the employer can only offer the employee to return the received vacation pay on a voluntary basis. If the employee does not agree with this, then it will be unlawful to withhold funds from his salary, since there are no legal grounds for this. The employer can only file a claim with the court, but it is quite difficult to predict the outcome of the trial.
It is unacceptable to replace study leave with monetary compensation or, while on such leave, to continue working. Here, the employee is entitled to wages for the days worked, and at the same time, the average earnings in the form of vacation pay are considered overpaid.
The peculiarity of the calculation in various situations
At part-time or part-time (evening) education an employee can apply for paid leave when receiving education of this level for the first time in an educational institution with state accreditation. The enterprise has the right to pay for education in an institution that does not have accreditation, but this possibility should be reflected in the collective agreement and local regulations at work.
Also part-time workers have additional benefits:
- before state exams or defending a diploma for a period of up to 10 months, work on a reduced working week (1 non-working day per week or reduced every working day);
- payment once a year for the road to the place of study and back without taxing these amounts with insurance premiums.
The calculation of payment for study leave for part-time students will be carried out in the same way as for the main one.
Receipt second higher education does not give the employee the right to study leave, in accordance with applicable law. In this case, you can go on vacation for training only at your own expense.
During training in magistracy an employee of an enterprise can apply for paid study leave, since the holder of a bachelor's degree is not considered to receive a second education in a master's program. Therefore, here the employee can count on all the guarantees provided for by the labor legislation of the Russian Federation.
At work at the same time study holidays are not granted to employees, since this right only applies to workers at their main place of work. A part-time worker during training has the right to apply for regular leave without pay.
To pay for travel or sick leave during study leave, employees at their main place of work can count if they are studying for the first time at one of the educational levels in the correspondence or evening department. Payment travel ticket to the place of study and back can be carried out only once a year. 
The procedure for registration and provision
Obtaining the right to study leave arises from the employee when presentation of a certificate-call from an educational institution as confirmation that the employee misses work for a good reason.
Next, they draw up an application addressed to the employer in any form with an attachment in the form of the first part of the certificate-call (standard form from 2013). The second part of the document is given to work after passing the session or defending the diploma with the seal of the university as confirmation of the success of the training and the employee's right to count on study leave next time, if necessary.
The application indicates the reason why the employee should receive leave, the name of the educational institution, whether the salary will be saved during this period. The personnel department, on the basis of the application received, must issue an order according to which this employee is entitled to vacation compensation.
Based on the documents received, the employee's request for study leave must be satisfied by the employer. With properly executed documentation, a refusal will be considered a gross violation of labor laws, and may serve as a reason for an audit labor inspectorate at the enterprise.
To whom and how to provide this type of vacation is described in the following video:
