Registration of vacation in the year. Study leave - what it is, how it is provided

The right to annual leave with payment of salary is provided for in Article 37 of the Constitution of the Russian Federation. This provision of the country’s basic law is developed in the Labor Code, in Chapter 19.

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Providing long-term rest from work by the employer to the employee with the payment of wages has become a global practice since the 20s of the previous century. At the moment, the provision of annual leave with payment of average earnings is one of the most important conditions for concluding any employment contract.

What is it?

Annual paid leave is understood as a long continuous period of rest for a certain time, guaranteed and provided to each worker while maintaining average earnings and position, intended to restore efficiency and strength.

On this legal topic, most legal disputes arise between the parties to employment contracts, which is not strange: the right to leave is the most significant among the rights of an employee, and the conditions for its provision by the employer are unprofitable for the latter from a financial point of view.

What documents is it governed by?

The rules for regulating this legal institution are established by Chapter 19 of the Labor Code.

The rules on how vacation is calculated are also established by local (internal) legal acts of the organization, acts of social partnership and personal employment contracts.

Who is entitled to rest?

Annual paid leave must be presented:

• Main employee. The duration of annual leave while maintaining the average salary for the past year in accordance with Art. 115 TK – 28 calendar days. To receive it, an employee must work at the company for at least six months.
• Part-time workers. Rest is provided at the same time as rest at the main place of employment. If the part-time work experience has not reached six months, then rest is provided. If the required period of rest at the main job is longer than at a part-time position, the vacation can be extended without preserving monetary payments.
• Minors leave is provided on more preferential terms due to their age. This is manifested in a greater number of vacation days (31 days) and the ability to choose the time of vacation at your own request.
• Disabled people also have certain benefits due to health conditions. The duration of vacation for such workers is at least 30 calendar days. Also, disabled people can request in writing from their superiors a vacation without maintaining their average earnings for up to 60 days.
• General manager has the right to annual paid rest of longer days due to the difficult and stressful nature of the duties they perform. He is provided with additional days of rest if he performs a labor function irregularly, in an amount of at least three, added to the main paid annual leave.

Guarantees for employees

During vacation, employees have two main rights:

• to maintain average wages;
• the right not to go to work.

The issue of maintaining payments during vacation is discussed in more detail below, which describes the financial component of providing annual paid leave.

The right not to go to work is manifested in the following:

• at the time of legal vacation, the employee, following all procedures, can go on vacation despite the employer’s actual ban;
• It is impossible to force an employee to come to work - his consent is required.

Rules, procedure and priority for granting annual paid leave

Any long period of rest is calculated in calendar days, the maximum limit of which is not established by the legislator.

Weekends and holidays (unlike regular weekends) are not counted as calendar days and thus extend the vacation.

As mentioned earlier, to obtain the right to leave, you must work for this employer for at least six months.

However, by mutual agreement, rest may be granted earlier than six months.

• for failure to provide leave, the employer will have to pay a five thousand fine if he is an official;
• a legal entity will pay a fine of up to fifteen thousand rubles.

However, the law provides a chance for the employer to get off with a warning about a possible fine if this violation is repeated.

Annual paid leave in 2019

The period for distributing vacations must be recorded by the employer before December 17 of the previous year in the regulations on the provision of annual vacations.

There is an established T-7 form for such a local act.

It is important to note that when drawing up a schedule, management should:

• listen to the opinions of employees;
• take into account the specifics of the enterprise;
• take into account the motivated opinion of the trade union;
• notify the employee in writing 14 days in advance that he will soon have a scheduled vacation.

Before going on vacation, to prevent misunderstandings on the part of the employer and subsequent proceedings, a vacation application is written.

Since vacation pay is paid no later than three days before going on vacation, local regulations of the enterprise may establish a period (from 3 to 14 days) within which the employee must notify the personnel service about going on vacation.

In addition, the fact of going on leave with pay should be recorded in a number of acts of the enterprise:

• order to grant leave to the employee;
• making an appropriate entry in the working time schedule;
• entering relevant information into the employee’s personal card.

Rules, procedure and priority of provision

• Each rest period, regardless of type, is calculated in calendar days, the upper limit of which is not established by the legislator.
• It was noted above that in order to acquire the right to leave, you must be employed by the employer for at least six months. However, by mutual agreement, leave can be given earlier than six months.
• Each employer must maintain a vacation schedule, which is approved two weeks before the new calendar year.
• The employee must be informed in writing of the time of his vacation at least two weeks in advance. If the employer does not inform the employee, he has the right not to go on this vacation, but to choose his vacation time at any period convenient for him.

Calculation of experience

It is important to note that the right to paid leave belongs to persons who have length of service giving the right to leave for a continuous period of at least 6 months, unless a different period is established by agreement of the parties.

Days included in this continuous period:

• days of actual performance of labor functions;
• weekends (holidays);
• unpaid leave up to 14 days;
• days that the employee did not work due to the fault of the employer (delay in undergoing a medical examination, wrongful dismissal or preventing the employee from performing a labor function).

This six-month period is not mandatory; there are some exceptions.

At any time after employment, the following have the right to paid leave:

• minor workers;
• pregnant women “before” maternity leave or immediately “after”;
• adoptive parents of a child who is not older than 3 months.

How is duration calculated?

In order to avoid misunderstandings, it is always necessary to know exactly the date of going on vacation and the day of returning to work after it.

According to legal requirements, vacation is counted in calendar days, which includes both working days and weekends.

As a general rule, national holidays that fall on the day of vacation are added to them.

In addition, vacation days on which the employee was incapacitated (official “sick leave”) or involved in government activities entail a transfer of vacation to other days.

Division into parts

The legislator also stipulates in what parts vacation can be taken.

The minimum duration of one of the periods must be 14 days.

Thus, by mutual agreement with the employer, you can “split” your rest time into at least 2 parts.

Transfer

Persons for whom it is inadmissible: pregnant women, minors and those employed in hazardous work, as well as those who have not gone on vacation for more than 2 years.

There must be a transfer to another period of leave if the employee has lost the ability to work (sick leave) or he is officially involved in government or useful social activities.

At the initiative of the employer, a transfer is possible if there is a threat to the “normal operation of the organization” in the rarest cases. The “exceptionalism” of the situation can be quite easily challenged by the employee in court.

In what cases should it be extended?

Cases in which the vacation period may be extended:

• official public holidays fall on vacation days;
• the employee was unable to work during the vacation period;
• the employee would be involved in government or socially useful activities on vacation days;
• The employee did not use weekends, holidays and other days on which he worked at the request of the employer.

The extension is carried out for an equivalent number of working days.

The employer cannot react negatively to the extension of leave on these grounds; the decision to refuse can be challenged in court.

Can they refuse?

Employers do not have the right to provide vacation in accordance with the vacation schedule for employees of the enterprise.

If an employee needs to reschedule his vacation planned for another time, the employer may not accommodate him, except in cases where employees can take paid leave during a period that is convenient for them (pregnant women and their husbands, etc.).

Documents required for registration

So, in order to legally formalize a vacation, you need to provide and receive a lot of mandatory documents in a timely and complete manner.

Application for granting (part of) annual leave:

Notification of vacation start time:

Order on granting leave with payment of wages:

Corresponding entry in the vacation schedule:

The corresponding entry in the Time Sheet:

Leave entry in the employee’s personal card:

Calculation note:

How is it paid?

The most important condition for the legality of granting annual leave with preservation of earnings is full payment of “vacation pay” to the employee.

During the period of leave, the employee receives the average salary for the last 12 months of work.

In practice, legal disputes most often arise regarding the amount of “vacation pay”.

In order not to be deceived by the employer, you should remember that wages consist of:

• official salary;
• compensation payments;
• incentive payments.

From this fact it should be concluded that when calculating the average salary, the accountant should start not from the employee’s permanent salary established by the employment contract, but from the specific amount of money that the employee received “in hand.”

Example:

Petrov, who has a salary of 12,700 rubles, received a payment of 12,700 rubles for being on 30-day leave. He decided to challenge this amount in court, citing the fact that every month he received bonuses in the amount of 3 to 5 thousand rubles and his salary for the last year was not lower than 15 thousand.

This requirement is lawful, since the employer, when issuing vacation pay, is obliged to take into account all bonuses and compensation payments.

Example of vacation pay calculation

The average salary should be calculated using the following formula:

Salary for the last 12 months of work / 12 * 29.3.

The resulting number (average earnings per working day) is multiplied by the number of vacation days - this is the amount the employee should receive.

These arithmetic operations must be performed in a form signed by the employee.

The employee can receive it along with the money from the organization’s accounting department no later than 3 days before going on vacation.

Who is entitled to financial assistance or a one-time payment before going on vacation and in what cases?

Persons working in the territories of the Far North and areas equivalent to them have the right to additional financial assistance once every two years when traveling to a place of rest and back.

The amount is reimbursed or paid by the employer in full for all family members based on the travel documents provided.

It is important to note that only amounts associated with travel through Russia are subject to reimbursement.

In addition, a one-time payment for vacation is required according to Federal Law No. 79 for state civil servants. In addition to them, employees of municipalities whose regulations enshrine this provision also have the right to a bonus.

Employees of commercial and budgetary organizations can receive a one-time payment or financial assistance for vacation, if this payment is secured by the provisions of local acts of the organization in which they work.

Example:

Filatov and his family, during his paid vacation from Murmansk, went on vacation to the republic of Minsk on reserved seat seats on the train. The employer refused to reimburse these expenses, since the vacation was not carried out on the territory of the Russian Federation.

The employer refused Filatov unlawfully. Expenses must be reimbursed for travel through the territory of the Russian Federation (border station).

In this case, travel from the Murmansk railway station to the Nevel railway station and back must be paid. The amount of compensation can be found out by submitting a request to Russian Railways. They and travel documents will be the main basis for reimbursement.

Replacement with monetary compensation

Replacing vacation days with monetary compensation can only be done with the written initiative of the employee.

An “additional” or “extended” part of the vacation can be replaced with additional payments: the employee must take at least 28 days.

You cannot replace vacation days with money from:

• minors;
• pregnant women;
• employed in harmful or dangerous work.

Payment terms

Vacation payments must be made no later than three days before the start of the vacation - the legislator determined in 2019.

In cases where the day of issuance of vacation pay falls on a non-working day, it must be paid earlier.

In addition, in case of delay in payments, the employer will also be obliged to reimburse compensation in the amount of 1/150 of the current key rate of the Central Bank of Russia (about 10%) of the delayed amount for each day of delay.

Registration nuances for a number of categories of workers

• State and municipal employees Leaves are granted on the basis of special legislation. In general, the regulation of vacations does not differ much from the general procedure for this category of persons. However, their vacation duration is longer – 30 days. Additional vacation days are also added for length of service. Vacation longer than 28 days may be replaced by monetary compensation at the request of the employee. The decision to grant leave is formalized by order of the employer’s representative based on the adopted regulations on the leave schedule.
• A single mother has benefits for providing leave. Firstly, in the collective agreement of an organization, it may be provided with additional days of rest without maintaining average earnings for up to 14 days. The same applies to a father raising a child without a mother, to guardians and trustees. Unfortunately, the code does not provide other guarantees.
• Having a young child has certain advantages. Firstly, parents can choose a vacation time that is convenient for them. The child gives the right to additional days of leave. If the child is under 3 years old, then 6 days. Until the child reaches 18 years of age, parents have one additional day of leave. There is also the right to unpaid leave until a child reaches the age of 14 years or a disabled child reaches the age of 18 years - up to 10 days.
• Parents with many children have the right to additional days of leave only if this guarantee is provided for in a collective agreement. Neither the Labor Code nor other Federal laws provide any further guarantees. However, to this day, the decree issued back in the Soviet period “On measures to strengthen state assistance to families with children” remains in force, giving the opportunity to mothers with at least three children under 12 years of age to take additional leave of at least three days at any time convenient for them. them time.

Conclusion

This leave must be granted every year; derogation of this right is unacceptable.

Transferring leave with pay to the next calendar year is possible with the documented consent of the employee.

A delay in granting leave is possible for no more than two years. Violation of the right to leave is unacceptable and entails liability for the employer.

Vacations are an important guarantee of the restoration of strength and abilities of workers; they are necessary to unlock the creative potential of each person, giving him an additional opportunity to improve his own skills.

Frequently Asked Questions

Can I take an advance payment for the first year of work?

The right to receive paid leave arises by law or by employment contract.

If you have circumstances that allow you to go on vacation before 6 months of service (pregnancy, minority, condition of an employment contract), then it is possible to do this “in advance.”

What to do with days not used during the year?

Thanks to the weekends not used during the working year, you can extend your vacation by the same number of days.

Can I take it before and after maternity leave?

The law stipulates that the employer is obliged to accommodate the pregnant employee and move the main vacation schedule at her request.

In what cases is employee recall allowed?

Permitted only with the written consent of the latter in exceptional cases when this employee is necessary for production.

How to take days followed by dismissal?

For leave with further dismissal, a corresponding application is written addressed to the director. Otherwise, the usual rules for vacation and dismissal.

The main legal aspect here is that dismissal formally occurs on the last day of rest, and not on the last actual working day.

On the last day of work, the employee must be issued (sent by mail) all necessary documents related to dismissal.

Rest days can also be reimbursed in cash. In this case, the calculation follows the usual rules for determining average earnings for an annual period.

Is it legal to work during a rest period?

Working during the holiday period is not only illegal, but can also lead to serious legal negative consequences in the event of force majeure at the enterprise.

In what cases is a reduction in duration permitted?

Reducing the duration of leave to less than 28 days is prohibited.

Is sick leave paid during vacation?

Yes, paid according to the general rules. The main thing is to issue a sick leave certificate.

Is dismissal allowed during the rest period?

Dismissal while a person receives a certificate of incapacity for work and during rest is prohibited by law (Article 81 of the Labor Code of the Russian Federation).

Most successful and dynamically developing companies pay special attention to staff training.

Such events include courses aimed at improving qualifications, mastering completely new professions, and obtaining a first or subsequent higher education.

All of these cases may be grounds for requesting study leave from the employer, with or without pay.

The legal possibilities of a company employee related to receiving paid (unpaid) study leave, during which he retains his workplace, are enshrined in the Labor Code of the Russian Federation.

Educational leave days are granted only to those persons who are officially employed by the company(Article 287 of the Labor Code of the Russian Federation).

If an employee performs his job part-time, then instead of study rest he has the right only to days off at his own expense (provided that such a right is specified in the employment or collective agreement). Otherwise, the employer may refuse to provide time off at his own expense.

It is important to understand that when applying for study leave it should not be allowed to coincide with any other type of recreation(next annual or maternity).

Most situations related to the temporary absence of an employee from the workplace require an individual approach to their solution and agreement with the employer.

Is an employer obliged to provide an employee with rest under the Labor Code of the Russian Federation?

Study leave is an additional period of time during which an employee will be absent from his or her workplace for the purpose of obtaining education or additional qualifications. May or may not be accompanied by payment.

In accordance with the current legislation of the Russian Federation, the employer is obliged to provide student leave to those employees who combine work and receiving the following types of education:

An employee has the right to receive time off in connection with his studies, as well as certain guarantees from the employer subject to the following conditions:

• Payment for vacation time for student time is paid only if the employee is studying according to part-time or part-time forms.
• The educational institution where the employee is studying, must be accredited and have all the necessary documents for permission to operate.
• In order for an employee to register and pay for student leave, from a higher educational institution must do.
• is regulated by the current legislation of the Russian Federation in the field of labor law. Exceeding the duration is possible only if all conditions are agreed upon with the employer.

The employer is not always obliged to provide a break to work for educational purposes, in some cases he has the legal right to refuse.

Who is not entitled to study leave?:

• who studies again, receiving a second education of the same level;
• those who study full-time can only get unpaid days off;
• who did not provide the required documents for registration - an application and a summons certificate;
• who is not admitted to the session due to failure to submit certification work on time;
• who work unofficially.

How is student leave at work paid under the Labor Code?

The employer is not always obliged to provide and pay for vacation in connection with obtaining a new education. Terms of provision are indicated above. Below are cases when vacation school days are paid according to the law.

Management's refusal to pay for rest days in cases where this is provided for by law is a violation of labor laws.

According to labor laws The following types of educational leave are subject to payment:

1. Aimed at obtaining higher professional education in bachelor's, specialist's or master's degrees. Form of study - part-time or full-time.
2. Aimed at obtaining secondary vocational education through part-time or part-time forms of study.
3. Aimed at obtaining general basic education through part-time and part-time education.
4. Aimed at obtaining general secondary education through full-time, part-time or correspondence forms of education.
5. Aimed at obtaining postgraduate higher education in the field of postgraduate study, etc. through correspondence courses.

Payment terms

The question often arises regarding the timing of payment of educational leave: before or after the start of the vacation.

Useful video

See the video for the rules for granting, registering and paying for educational leave time:

After the end of the student rest period and the employee returns to the workplace, he is required to provide a certificate confirming that he used the time strictly for its intended purpose.

Labor legislation is subject to regular changes and amendments, so when studying your rights in the sphere of relations between an employee and an employer, it is important to rely on the Labor Code of the Russian Federation in the latest edition.

Gaining knowledge is one of the most noticeable trends of our time.

Having completed his youthful student years, a person, even if he is a professional, an expert in his field, often wants to continue his studies, receive additional education or improve his existing qualifications.

A common situation is when an employee begins his career without having a diploma in his chosen specialty, but receives it on the job.

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.), the Federal Law “On Education in the Russian Federation,” and a number of orders of the Russian Ministry of Education.

An employee who combines work at an enterprise and study can take advantage of the study leave allotted to him. In addition, study leave can be paid if a number of necessary conditions are met, such as the primary requirement for obtaining a certain level of education and the form of study. 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 goals and levels of training study leave, which:

• paid (it is, and the employee is paid the average salary);
• paid (it can be used by a student 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, to pass 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 an additional one at your own expense .

Its duration will depend on the purpose and level of education:

1. For admission to a bachelor's, specialist's, or master's programs, 15 days are allotted for entrance examinations, 15 days for full-time study sessions, and 4 months for passing state exams, preparing and defending a diploma.
2. In technical schools and colleges for any form of study, 10 days will be given for entrance examinations, 10 days for intermediate certification for full-time students, and 2 months for final certification for full-time students.

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 training employees in comparison with what is prescribed by law; in particular, it is possible to provide additional leaves or increase their duration, to guarantee the preservation of wages during the leave, even if they are not required by law to receive them.

Since study leave must be guaranteed to be given to studying employees, they have the right to either take full advantage of this guarantee or refuse it or use it partially. At the same time, vacation dates must fit within the period indicated in the summons certificate. In this case, the employee will be paid average earnings for the actual days of vacation, and wages for the time worked.

Calculation and payment procedure

Study leave is paid according to the same scheme as the main one, that is, it is based on average earnings student employee for the last year. To correctly calculate the average monthly earnings, you must first add up all your income for the annual period and divide by 12 months, and then divide the resulting amount again by the average number of days in a month. According to the law, it is taken equal to the value of 29.3. The resulting number will show the employee’s average earnings for 1 day during the billing period (year). Next, to determine the full amount of compensation, you need to multiply the resulting number by the number of calendar days of vacation.

Please note that payment for vacation must take place no later than 3 days before it starts, crediting funds after the end of the session and confirmation of the success of the training with a certificate-call is illegal. For such a violation, the employer bears administrative responsibility, regardless of whether he is actually guilty or not.

A controversial situation is when an employee has completed training unsuccessfully: violations have been identified, absences from exams have been obtained, and unsatisfactory results have been obtained. Labor legislation does not directly determine the consequences of such actions. If study leave is used inappropriately, the employer can only offer the employee to return the vacation pay received on a voluntary basis. If the employee does not agree with this, then it will be unlawful to withhold money from his salary, since there is no legal basis for this. The employer can only file a claim in court, but the outcome of the trial is quite difficult to predict.

It is unacceptable to replace educational leave with monetary compensation or continue to work while on such leave. 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.

Features of calculation in various situations

At correspondence 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. An enterprise has the right to pay for studies at an institution that does not have accreditation, but this possibility must be reflected in the collective agreement and local regulations at work.

Also part-time workers have additional benefits:

• before state exams or defense of a diploma, work on a shortened working week for a period of up to 10 months (1 non-working day per week or shortened every working day);
• payment once a year for travel to and from the place of study without the imposition of insurance premiums on these amounts.

Payment for study leave for part-time students will be calculated in the same way as for the main one.

Receipt second higher education does not give the employee the right to be granted study leave, in accordance with current legislation. In this case, you can go on study leave only at your own expense.

During training in master's degree an employee of an enterprise can apply for paid study leave, since the holder of a bachelor's degree is not considered to be receiving 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.

When working part-time Study leaves are not provided to employees, since this right applies only to workers at their main place of work. During training, a part-time worker has the right to apply for regular leave without pay.

To pay for travel or sick leave During study leave, employees can count on their main place of work if they are studying for the first time at one of the educational levels in a correspondence or evening department. Payment for a travel ticket to the place of study and back can only be made once a year.

Procedure for registration and provision

An employee receives the right to study leave when presentation of a certificate of summons from an educational institution as confirmation that the employee misses work for a good reason.

Next, they fill out an application addressed to the employer in any form with an attachment in the form of the first part of the summons certificate (standard form from 2013). The second part of the document is given to work after passing the exam or defending a 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 the next time if necessary.

The application indicates the reason why the employee should receive leave, the name of the educational institution, and whether wages will be maintained during this period. Based on the application received, the HR department must issue an order according to which the employee is entitled to vacation compensation.

Based on the documents received, the employee’s request for study leave must be satisfied by the employer. If the documentation is correctly completed, the refusal will be considered a gross violation of labor legislation, and may serve as a reason for an inspection by the labor inspectorate at the enterprise.

To whom and how to provide this type of leave is described in the following video:

Study leave is granted to an employee receiving education for the period of study, for example, a session. Who can count on receiving it, what are the design features, and what is the amount of payment?

Regulatory framework for 2019

Working citizens have the right to receive education. This is stated in Federal Law No. 273 of December 23, 2012. In this regard, many working citizens strive to improve their level of education, qualifications, and acquire new knowledge in their specialty. As the next session approaches, the question often arises as to who is entitled to such leave and what are the conditions for obtaining it.

Student leave is provided by the enterprise where the citizen works as his main place of work. If he is an internal or external part-time worker, leave may be granted only at the expense of the employee.

By law, this period of time cannot coincide with other types of vacation. However, it can be added to the compulsory leave granted annually, but only with the consent of the employer. If it turns out that two holidays coincide in time, annual leave is transferable.

If an employee studies simultaneously in several educational institutions, leave can be taken for a session in only one of them. The employee makes his own choice. Sending a specialist for training can be organized in a situation where the educational institution has state accreditation. This fact is stated in the summons certificate, so the presentation of supporting documents is not required. In other practical cases, the employer has the right to provide leave if this clause is contained in the collective agreement.

Leave is granted regardless of the type and nature of the institution in which the employee receives education. This could be a university, technical school, college, or primary education institution. However, a specialist is entitled to a set of guarantees only if training at a given educational level occurs for the first time. The form of education (full-time, part-time, evening) does not matter.

Registration of study leave

To receive study leave, the employee provides the organization’s personnel service with corresponding application and certificate-call. The application can be filled out in any form. However, be sure to indicate in it the purpose of taking the leave (passing the exam, working on thesis design, preparing for the state exam, etc.).

The help call consists of two parts. The first is filled out before the temporary departure from the workplace begins. The second is issued upon passing the exams. Both parts are submitted to the human resources department of the organization. The first serves as an attachment to the application, and the second is subject to transfer to the accounting department or personnel department. The absence of the second part cannot be grounds for refusal to grant leave.

Is study leave paid?

If an employee of an enterprise is engaged in obtaining additional education and combining it with his main work activity, the law allows him to receive appropriate leave. In a number of situations, during his stay there, the employee receives an amount of average earnings, determined in the same manner as for all other types of leave. However in some cases, salary retention is not provided:

• upon receipt of higher education(passing an entrance exam, passing final and intermediate certification, preparing for state exams, defending a diploma project);
• upon receipt of secondary education(passing the starting exam, intermediate and state certification for full-time study).

In all other situations, the employee's salary remains unchanged. As for leave without pay, it represents a separate area of ​​rest provided for under labor legislation. The only guarantee a citizen can count on is maintaining a job during the period of absence from work.

Vacation pay must be paid 3 days before the start of the vacation. But if a citizen is late in providing documents, payment is made no later than the next working day. After passing all the exams, the specialist submits the second part of the challenge certificate to the accounting department of the enterprise.

How is it paid?

Student leave is granted in calendar days. Along with this, the calculation of time implies the inclusion of non-working days and holidays that occurred during a given period of time. Their payment is made in the same way as all other days.

It is permissible to divide study leave into several parts. The employer does not have the right to recall an employee from it. The employer also undertakes to pay for the employee’s travel to the place of study in both directions in the amount of 100% for higher education and 50% for secondary education.

For the session

The main reason why working people take leave for education is passing sessional exams. The regulation on this issue is Art. 173-176 Labor Code of the Russian Federation.

Other things to consider

If the employee was unable to provide the second part of the summons certificate, the employer cannot recover payment for study leave from him. All situations in which money may be recovered from a specialist are listed in Part 2 of Art. 137 Labor Code of the Russian Federation. Along with this, it is also worth taking into account a few nuances:

• if an employee passes the session early, and the end dates of the vacation in different parts of the certificate are not the same, the employer does not have the right to recover the amount for days that were not actually taken off;
• if an employee falls ill during study leave, he has the right to contact the dean’s office and receive a new summons certificate containing the changed dates;
• It is impossible to withhold amounts from an employee even if he failed the exams or was expelled from an educational institution;
• if an employee receives a non-core education, the employer still has the obligation to provide study leave, which is prescribed in the norms of the Labor Code of the Russian Federation;
• if an employee receives a higher education with a bachelor's or master's degree, he has the right to count on a reduction in the working week by 1 day with a payment of 50% (or 2 days without the possibility of saving earnings).

Thus, the provision of study leave is available only if a number of conditions are met.

1. Firstly, the employee should not be a part-time worker.
2. Secondly, the employee is required to submit a certain package of documents.
3. Thirdly, the educational institution must undergo state accreditation.

If all these conditions are met, the provision of study leave is an obligation and not a right of the employer. Therefore, upon receipt of a refusal, an employee can go to court or the labor inspectorate to protect his own rights and interests.

You can learn more about granting and paying for study leave in the video below.

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

Study leave concept

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

Grounds for granting study leave

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

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

To send an employee to study, both conditions must be present simultaneously.

The employer also needs to know whether study leave is paid, as incorrect application of the relevant rules may lead to taxation problems.

Payment and registration of study leave in 2019

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

The latest changes to the law were made in 2014. Calculation of student leave in 2019 is made according to rules that have been in force for several years. You can familiarize yourself with these standards by using the current version of the Labor Code. The simplest and most reliable way to find out how study leave is paid in 2019 is to use the legal information system.

Duration of vacation

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

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

If an employee is a 1st or 2nd year student, he is entitled to 40 days.

In subsequent courses this period increases to 50 days.

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

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

Please note

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

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

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

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

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

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

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

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

Documents required for registration of study leave

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

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

Registration of study leave is carried out according to the general rules applicable to the annual rest period:

Certain issues regarding the provision of student leave

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

In cases where an employee is simultaneously a student at 2 or more institutions, release from work is provided at his choice within the framework of one training program.

Pay attention! The granted study leave is not subject to monetary compensation or reduction, and Art. 125 of the Labor Code of the Russian Federation prohibits recalling an employee.

Adding this period to annual leave is possible only with agreement with the employer.

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

The lawyer will answer your questions in the comments below.