On the peculiarities of registration and payment of student leave (dating of the summons certificate, confirmation certificate and application for student leave)

Legal provisions

The rights of working students and other norms regarding the combination of work and study are enshrined in the twenty-sixth chapter of the Russian Labor Code. It does not matter whether the employee voluntarily went to study or was sent by the employer.

According to legal norms, this period of time is paid by the head of the organization or is issued as a vacation during which the average salary is not retained. If an employee is studying full-time, he must take days off at his own expense. If he receives full-time or part-time education, he is entitled to study leave, which is issued by submitting an application for the session to the employer, a sample of which is provided to the employee at the enterprise.

If an employee receives education at the direction of the employer, his studies must be paid regardless of whether he studies full-time or part-time.

There are a number of nuances in which the employer has the right to refuse to provide an employee with leave and pay for it. According to the provisions of the first part of Article 286 of the Labor Code, an employee has the right to a paid combination of work and education only if he is the main employee.

This article determines that if the employee is a part-time employee, the enterprise must provide the employee with paid annual leave only at the same time as it is provided at the main place of employment. The Labor Code does not contain any notes regarding study leave for additional work.

Document for granting study leave under the Labor Code of the Russian Federation

Many working citizens are interested in whether the employer is obliged or not obliged to provide days of rest for the employee to go to work. In addition, an important question is the following: is study leave paid or not?

To declare leave for the session, the employee must submit an application to the employer for educational leave. The basis for writing the paper is a certificate of challenge from the educational institution.

If an employee has submitted this document to the employer, according to the norms of the twenty-sixth chapter of the Labor Code, he is required to be granted study leave. At the same time, the time allocated for training should not be a substitute for annual paid rest.

If an employee studies in several educational institutions, he has the right to receive vacation money only for one of them.

Providing study leave to an employee with pay is carried out only if the employee meets the following requirements:

He is studying at an educational institution that has state accreditation.
The higher professional education received by the employee is the first.
The employee successfully studies and is admitted to further semester and final sessions.

If any of the above conditions are not met, but according to the provisions of Article 173 of the Labor Code of the Russian Federation, the collective agreement provides for the right to receive education while away from work, the employer will be obliged to provide the employee with appropriate leave.

How is study leave paid?

Study leave is paid in the same way as regular leave. The money must be transferred to the employee no later than three days before the start of the job.

The calculation is carried out taking into account average earnings as follows:

The number of days for student leave is determined according to the call certificate.
The average daily earnings are calculated for the period from the end of the last vacation or the start of work to the day the student leave begins.
The result obtained is multiplied by vacation days.

Important! If an employee does not pass the test and has problems, the manager is not obliged to let him go to retake the exam and pay for this time.

Also, the employer is not obliged to issue paid leave to a subordinate who has not provided a summons certificate: according to Article 177 of the Labor Code, in order to receive payment, a student employee must take the appropriate certificate from the university and present it at the place of work. Otherwise, he is not entitled to days to pass the session.

How many days are allotted for study leave? It depends on the type of education:

Higher education. If a student is studying in the 1st or 2nd year, he is entitled to 40 days during the academic year, if in the 3rd and subsequent years, the duration increases by 10 days. You are given 4 months to write a diploma and pass state exams.
Higher postgraduate (postgraduate) studies. Here the calculation happens differently. 30 days are allotted for training during the academic year, for writing a dissertation - 3 months for obtaining a Candidate of Science degree, 6 months for obtaining a Doctor of Science degree.
Specialized secondary. The first two courses are allotted 30 days per academic year, followed by 40. Up to two months are allotted for the final certification.
General. You are given 9 days to take exams at the end of grade 9, and 22 days at the end of grades 11 or 12.

Is study leave paid for distance learning?

The provision of paid leave by employers is guaranteed to employees studying part-time and part-time forms of study for the first time under the relevant program. The main condition is that the part-time worker receives secondary or higher education at an institution that has state accreditation. If an employee undergoes training for the second time under a program of a similar level, leave from work will not be paid.

Is it the employer's responsibility to pay for study leave?

According to labor legislation, if an employee receives education for the first time, the manager is obliged to provide him with paid leave for training while maintaining the average salary.

Example of calculating payment for study leave:
Citizen Ivanov O.N. works as a manager in the company. Average earnings are 1000 rubles. in a day. In the spring, he needed a student leave to take a test in his second year at the university. The employee’s training lasts 40 calendar days according to the terms of the summons certificate that he sent to the manager along with the application.
The calculation is very simple:
40 x 1000 = 40,000 rub. Personal income tax (NDFL) must be withheld from this money. The balance is transferred to the employee in compliance with the established deadlines - 3 days before the start of the vacation.

If the employee is a part-time worker, a certificate of summons from the place of employment is not provided, and leave is given without pay.

An example of a help call form is presented below:

Package of documents for attending the session

The following package of documents is attached to the application submitted to the employer on the basis of Article 173 of the Labor Code of the Russian Federation:

a copy of the license and document on state accreditation of the educational institution, certified accordingly;
help-call. The document consists of two parts: the basis, which remains with the student leaving for the session, and confirmation, which marks the successful completion of the session and passing all standards.

The summons certificate attached to the application for leave for the session must contain the following information:

Link to the norms of the Labor Code.
Name of educational institution.
First name, last name, patronymic of the student.
Type of educational control carried out.
University accreditation level.
The start day of the session and its duration.
Course number.

Grounds for granting leave

How to write an application for a session at work? A statement from an employee about the intention to take time off work is a mandatory document for granting study leave. It expresses the employee’s intention to interrupt work for a while and engage in education, and is also the basis for taking leave for the period of study.

On the document signed by the employee, the manager puts a mark indicating his agreement to let him go on vacation with pay for this period of time. If there is only a summons certificate, the employee cannot be granted study leave. The document that the employee submits to the employer along with the application is only additional evidence that he went to study.

An application for study leave under the Labor Code of the Russian Federation is the only basis for drawing up and issuing a corresponding order in an organization. The order can be recorded in free form. At the same time, it must reflect information about the reason and period of the employee’s absence, as well as mandatory payment for this period.

Sample report for study leave

According to the law, persons serving under a contract in the ranks of the RF Armed Forces are guaranteed leave for training. However, instead of an application, they provide reports filled out according to the following example:

FULL NAME. and the position of leader - commander of a battalion, unit, etc.;
application for study leave indicating specific periods;
Full name, position and rank of the serviceman;
help call number;
date of compilation: day, month, year.

(source: https://voenservice.ru/)

For each part, internal rules may establish an individual report form, but a certificate of summons from an educational institution must be drawn up according to general rules.

Application submission options

In order for an employee to be allowed on study leave to attend classes and take exams, he must submit a corresponding application to the manager. You can do this in four ways:

through the HR department with a mark indicating its acceptance;
give to the manager personally;
send by registered mail with a list of the contents and notification of delivery;
give through a representative by proxy.

When using any of these methods, the main thing is to have confirmation that the employer has received the document (a mark on the document or written confirmation).

Application deadlines

To exercise the right to study leave, a working student must notify the employer of the session by submitting an application. The legislation does not establish how long before an employee must notify his superiors about the start of training.

In theory, this can be done one day before the start of the vacation. But in practice, it is advised to do this at least three days before leaving for school. This is due to the fact that, according to legal norms, accounting is obliged to settle accounts with an employee going on vacation three days before the start of the vacation.

Thus, observing the three-day period will help the employer find a replacement for the employee’s vacation period (if necessary), and will also allow you not to violate the laws regarding the timing of vacation pay.

The most convenient and beneficial period for all parties is four or five days before the day of departure for the session. If the employee notifies management the day before the start of the vacation, the employer will be forced to let him go. Moreover, if during the inspection a violation of the deadlines for transferring the amount of vacation pay is established, the employer faces a fine (for the head of the company - from ten to twenty thousand, and for the organization - from thirty to fifty thousand rubles).

Some employers stipulate deadlines for notifying the employer about employees going on study leave in the collective agreement. In this case, the employee will be required to comply with the specified deadlines.

Application Form

To take advantage of the right to study leave in 2021, you need to do the following:

Get a certificate from the university.
Write an application for leave addressed to the employer and attach to it the top part of the certificate in the form approved in 2003. The second part is given after passing the session, where there is a note indicating the successful completion of the session.
Wait for payment. It must be done no later than 3 days before the start of the vacation. Payment is calculated in the same way as regular paid leave - based on average earnings.

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

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

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

An example of an application for study leave is below:

How to correctly write an application for a session to an employer

The main feature of notifying the employer about going on leave for a session is that it must be done in writing. Oral notification has no legal effect.

The form of the document is arbitrary. In this case, the application must contain the following information:

Name of the employing organization and name of the manager (indicating the position).
First name, last name, patronymic and position of the employee.
Document's name.
Contents of the statement.
List of attached documents.
Date and signature of the employee.

The contents of the document must indicate the need to provide study leave to undergo training during the period of time specified in the call-up certificate. The name of the educational institution should also be indicated there. In addition, it is necessary to clarify what type of leave the employee is requesting (paid leave or leave in which the average salary is not retained).

How to write an application

The Labor Code of the Russian Federation does not indicate how to correctly write an application for study leave, so a free form is used. The following information is entered into the form:

FULL NAME. employee;
the reason why time off is needed;
exact period of absence from work (information is provided in the dean’s office);
name of the higher or secondary educational institution;
link to help-call.

The main part begins with the phrase “I ask for study leave”; a reference to the rule of law is optional.

Like any other request, the document is drawn up in the name of the director of the company, and the date and signature of the employee are placed at the bottom. The paper is endorsed by the director of the company and handed over for execution of the order. The deadline for filing an appeal and presenting a summons certificate to the Labor Code of the Russian Federation is not defined, but it is recommended to do this in advance so that the employer has time to process and pay vacation pay. It is provided to the company’s HR department, to the reception desk or directly to the manager under the incoming number (with registration in the accounting journal).

Applying for paid study leave

You can write an application for a session to the employer (sample below) both for paid leave and leave without pay. To understand cases where an employee is not entitled to paid leave to undergo training at an educational institution, it is necessary to study the norms of the Labor Code.

According to the provisions of the twenty-sixth chapter of the Labor Code, the preservation of the average wage takes place in the following cases:

the employee is studying part-time or part-time;
the employee is studying at an educational institution that has state accreditation;
higher or secondary vocational education received by an employee is the first;
the employee successfully studies and is admitted to further semester and final sessions.

If a member of the workforce meets all the specified requirements, he has the right to receive vacation days with pay for the time he is absent. In cases where any of the points are not observed, but they are allowed by the norms of the collective agreement, the employee must also be given leave to undergo training.

If at least one of the provisions of the twenty-sixth chapter is not fulfilled and is not reflected in the collective agreement, the employee has the right to apply only for leave, during which the average earnings are not maintained.

Who is entitled to paid study leave?

Currently, the education system in our country provides four levels of education:

bachelor's degree,
specialty,
master's degree,
graduate school.

In some cases, citizens can study in residency (doctors) and at other levels. There is also secondary vocational education (SVE): training in technical schools, colleges, and schools.

According to the Labor Code of the Russian Federation, paid student leave is provided to employees receiving education of the relevant degree for the first time. For example, an employee who has a bachelor's degree has the right to paid vacation while studying for a master's degree. The same applies to citizens who have received specialized secondary education and entered a university: their vacations are paid.

An exception is for persons who are part-time workers: by law they are entitled to paid leave at their main place of work. In an organization where he is listed as a part-time worker, regular leave may be granted without preserving earnings.

If an employee receives education for the first time in two universities at once, he is given paid days only during a session in one of them at the choice of the employed citizen. Only unpaid leave is provided for the second educational institution.

Applying for leave at your own expense

You can write an application for a session to the employer using the sample given below not only for paid leave, but also for the provision of vacation days during which the average earnings are not retained.

The following cases of education by an employee are not subject to payment:

Full-time training.
Getting an education at a private educational institution.
The need to obtain leave to pass entrance examinations for admission to a university or college.
Obtaining a second or third secondary or higher education.
Submission of certification work upon completion of the preparatory stages of training.

Every employee must understand that in the process of working throughout his life and for career growth, he will constantly have to learn something somewhere. Therefore, it is not recommended to constantly rely on payment for the entire training process and demand this in every application for study leave.

If an employee wants to receive a salary during the training period, he must, when submitting an application for the session with a call certificate, indicate that passing exams and attending classes will be carried out without interruption from the work process.

The employee must also indicate in the document the working days on which he will be absent. In this case, the employer will have to pay the employee his due salary for the period of time worked, and the average monthly salary for the remaining days.

Errors when drawing up an application

There are four common mistakes that employees make when applying for paid study leave:

the first mistake is the untimely submission of the summons certificate or the absence of the specified document when applying for study leave - the student did not receive this document from the educational institution, or he does not know the rules for granting a period of rest for study, or he has at least one academic debt (in as a result of this, he loses the right to receive average earnings for the session period);
The second mistake is submitting an application after the academic session has begun. In order for management to accept such a document, the employee must justify this delay by providing sufficient evidence confirming the validity of the reason for missing the deadline. In this case, the employer will pay only the remaining period of the employee’s vacation;
drawing up an application for unpaid leave for further re-registration for educational leave. Neither management nor the HR department will agree to this;
absence in the application of the details specified in the summons certificate. If such a violation is allowed, if this certificate is lost, its existence will be impossible to prove.

If a student employee meets all the criteria listed in the article, this will allow him to receive paid study leave, and not one in which the average salary is not maintained.