On what days is study leave paid? Study leave

Many people look for their calling even after they go to work. You can receive your first or subsequent education without interrupting your work. We will tell you in this article how study leave is paid for part-time students.

Study leave is granted if the employee receives education at one of the following types of institutions:

technical school, college or other vocational education institution;
evening general education school.

If an employee receives education simultaneously in two institutions, then leave from work can only be granted to undergo educational activities in one of them at the student’s choice. In this case, the employee must undergo training either part-time or part-time.

Conditions for granting study leave

Study leave is granted subject to several conditions:

the employee receives his first education;
leave is granted to take exams or write a diploma;
a working student studies successfully;
The educational institution where the employee studies has state accreditation.

The duration of vacations is established by Law No. 125-FZ on higher and postgraduate education, and the maximum duration of such vacations is specified in the Labor Code.

The employer provides study leave without fail, regardless of how long the employee has worked in this organization. Leave is provided to those who work both under a fixed-term contract and under an employment contract for an indefinite period.

As a general rule, study leave for working students is granted only at their main place of work. If a part-time student works part-time (it doesn’t matter whether it’s within the same organization or if it’s an external part-time job), then he can be granted leave at his own expense, and study leave only if this is appropriately stipulated in the employment contract.

How to apply for study leave

To go on study leave, a working student must provide a summons certificate issued by the educational institution, which must indicate the timing and purpose of such leave (induction or examination session, diploma defense, etc.). The student attaches this certificate to the application addressed to the supervisor. Otherwise, the registration of study leave does not differ from regular annual paid leave.

How is study leave paid?

Study leave granted to a working student receiving education at this level for the first time is paid in the same way as regular annual leave. In case of receiving a second or subsequent higher or professional education, leave is provided without pay. Study leave for obtaining a second higher education may be paid if the employee was sent to this study by the employer.

Payment for study leave - how is study leave paid?

How not to pay an employee for study leave

Expert Advice - Work and Career Consultant

Photos on the topic

An employee who combines work with study is granted additional leave while maintaining average earnings. They are given for preparing and passing examination sessions and final state exams. But there are a number of cases when companies do not pay for such vacations. Just follow these simple step-by-step tips and you will be on the right track when solving your work and career issues.

How not to pay an employee for study leave - study leave 05/02/2012

Quick step by step guide
So, let's look at the actions that need to be taken.

Step - 1
Study leave is not paid if the worker receives an education of the appropriate level not for the first time, that is, this is his second higher education, etc. And if this fact is not provided for in the training agreement, which is concluded in writing between the employee and the employer.

Are employees paid for study leave during distance learning?

But at the same time, this type of restriction does not apply to student workers who already have a professional education at the appropriate level and are aimed at training on the initiative of the employer company itself. This agreement must be in writing. Having such a written agreement, the employee has the right to apply for educational leave, despite the fact that this is not the first education. Next, move on to the next step of the recommendation.

How not to give study leave - leave at your own expense 05/02/2012

Step - 2
Also, absence from the enterprise to take sessions and exams will not be paid for an employee who combines work with training in two educational institutions at the same time, because according to the law, guarantees and compensation can only be provided when studying in only one of these educational institutions . And which one of them is up to the employee’s choice. The basis for this is Art. 77 Labor Code of the Russian Federation. Next, move on to the next step of the recommendation.

Step - 3
You need to know that employer companies are required to provide study leave regardless of whether the education received is related to the employee’s job responsibilities or not, and it also does not play a role before or after the training began. Today, vacations are provided for absolutely all forms of education: evening, part-time, full-time, evening-shift and part-time. Next, move on to the next step of the recommendation.

How to issue an order for study leave - take study leave, rules for pre... 02/13/2012

Step - 4
An employer may refuse to pay for study leave if the educational institution does not have state accreditation. But even in this case, leave can still be granted if the employment or collective agreement of the enterprise reflects the condition that the provision of leave does not depend on the fact of accreditation or lack thereof of the educational institution.

This quick guide covers:

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Peculiarities of payment for educational leave for different categories of students

Study leave is an exemption from the performance of official duties of an employee who combines work and study.

The employer is obliged to provide student leave regardless of the employee’s length of service in the following cases:

the educational institution has state accreditation;
The education received is primary.

Employees receiving a second higher education or studying in several educational institutions at the same time, as well as part-time workers, are not entitled to this type of vacation. This issue is agreed upon with the employer on an individual basis.

Study leave is issued on the basis of a written application from the employee and an order from the manager. The application must be accompanied by a certificate of summons from the educational institution.

Duration of student leave

The duration of this type of rest depends on the purpose of receiving it, the level of the educational institution and the form of training.

Let's consider the terms established by the Labor Code of the Russian Federation (Articles 173-176) for granting study leave in various cases.

When studying at a higher educational institution (HEI):
- for passing the session in the first and second years - 40 calendar days, for passing tests and exams in subsequent courses - 50 calendar days for students in part-time and evening (full-time) courses and 15 calendar days per year for all courses for full-time students;
- for writing, defending a diploma and passing state exams - 4 months and for passing state exams - 1 month for students in any form of education.
When studying in secondary vocational education institutions:
- to pass the session in the first and second years, a study leave of 30 calendar days is provided, for passing tests and exams in subsequent courses - 40 calendar days for students in part-time and evening (full-time) courses and 10 calendar days per year for all courses for full-time students;
- for writing, defending a diploma and passing state exams - 2 months and for passing state exams - 1 month for students in any form of education.
When studying in primary vocational education institutions:
- A leave of 30 calendar days per year is allowed to take exams.
When studying in an evening (shift) general education institution (school):
- for passing final exams in the ninth grade - 9 calendar days, in the eleventh (twelfth) grade - 22 calendar days.
When taking entrance tests to an educational institution:
- applicants to universities and students of preparatory departments of universities - 15 calendar days;
- for those entering educational institutions of secondary vocational education - 10 calendar days.

Payment for study leave

Student leave can be paid or unpaid.

Paid study leave is provided to employees studying at universities and institutions of secondary vocational education through correspondence and evening courses, at educational institutions of primary vocational education and in evening (shift) general educational institutions.

Vacation pay is not paid to full-time student employees, as well as those taking entrance exams to educational institutions.

Study leave is calculated by multiplying the average daily earnings by the number of days of rest.

Payment for student leave is made 3 days before it starts.

Who are we sending?

Not all students are entitled to study leave.

To be eligible for paid study leave, certain conditions must be met:

– a person studies successfully (Articles 173, 174, 175, 176 of the Labor Code of the Russian Federation);

– the educational institution has state accreditation (Articles 173, 174, 175, 176 of the Labor Code of the Russian Federation);

– the employee receives education of this level for the first time (Article 177 of the Labor Code of the Russian Federation).

The Labor Code does not decipher what “study successfully” means. Probably, legislators mean that the student’s record book contains grades “excellent”, “good” and “satisfactory”, that is, there are no “failures” in certain subjects.

If we are talking about unpaid study leave, then the condition for successful study is not necessary. In other words, the employer is obliged to provide the employee unpaid study leave if the last two conditions are met:

– state accreditation of the educational institution;

– receiving education at this level for the first time.

True, these conditions can be circumvented.

Thus, study leave (both paid and unpaid) can also be provided to those who study in educational institutions that do not have state accreditation.

To do this, this condition must be stated in the employment or collective agreement (Articles 173, 174 of the Labor Code of the Russian Federation).

As for the requirement to obtain education for the first time, there is an exception here too. Leave (both paid and unpaid) can also be given if a person already has a higher (secondary, primary vocational) education and is receiving a second (third, etc.)

P.). But only on the condition that the employer himself sent him to training “in accordance with an employment contract or training agreement concluded ... in writing” (Article 177 of the Labor Code of the Russian Federation).

OUR HELP

Part-time students are not provided with study leave. The right to study leave arises only at the main place of work (Article 287 of the Labor Code of the Russian Federation). If a student studies simultaneously in two educational institutions, then leave is due in connection with studying in only one of them (at the employee’s choice). This is the requirement of Article 177 of the Labor Code of the Russian Federation.

When we pay...

Workers who study by correspondence or in the evenings at institutes or technical schools are entitled to paid study leave (Articles 173, 174 of the Labor Code of the Russian Federation). And college students who receive primary vocational education have the right to paid leave regardless of the form of study - full-time, part-time or evening (Article 175 of the Labor Code of the Russian Federation).

Paid study leaves are provided in calendar days. The reason and duration of such leaves depend on what kind of education the person receives - higher, secondary or primary vocational:

	Type of education
higher education (academy, university, institute).	secondary vocational (technical school, college). Attention: evening and correspondence courses only!	primary vocational (school). Attention: regardless of the form of study (full-time, part-time, or evening)	average overall (night school)
Session in first and second years	40 calendar days	30 calendar days	30 calendar days within one year
Session in the third and subsequent courses	50 calendar days	40 calendar days
Passing state exams, preparing and defending a diploma	four months	two month
Passing state exams	one month	one month
Shortened program in the second year of university	50 calendar days
Final exams after ninth grade				nine calendar days
Final exams after 11th grade				22 calendar days

Please note: for reasons not listed in the table (for example, entrance exams, a full-time session at a university), paid study leaves are not provided: a student employee can only receive leave at his own expense.

...and when - not

In addition to paid leave, a student employee has the right to additionally take study leave at his own expense (also in calendar days). For example, during entrance exams, full-time sessions at a university, preparing and defending a diploma, or passing state exams as a full-time student.

Study leave: procedure and nuances of provision

That is, the right to additional unpaid study leave is available not only to evening and part-time students, but also to full-time students of universities, technical schools and colleges. The duration of such leaves depends on their reason and on the level of education:

Reason why leave is granted	Type of education
higher education (academy, university, institute)	secondary vocational (technical school, college)
Entrance exams to a university (technical school, college)	15 calendar days	10 calendar days
Final exams after the preparatory department of the university	15 calendar days
Session at a full-time university (technical school, college)	15 calendar days per academic year	10 calendar days in the academic year
Preparation and defense of a diploma, passing state exams (full-time study at a university, technical school, college)	four months	two month
Passing state exams (full-time study at a university, technical school, college)	one month	one month

What papers will you need?

Study leave is given to university students only after they bring a certificate of invitation from the educational institution. There are two forms of this certificate: one is issued by the university if the student is entitled to paid study leave, the second - if unpaid. Both forms were approved by order of the Ministry of Education of Russia dated May 13, 2003 No. 2057.

Sample filling out the call certificate

Similar certificates are provided for students of secondary educational institutions. Their forms were approved by Order No. 4426 of the Russian Ministry of Education dated December 17, 2002.

After presenting the certificate, the student employee must write a leave application. This document is drawn up in any form. The application must indicate what kind of leave the employee is applying for, for example, “... I ask you to provide me with paid study leave...”.

Having received the employee’s application, the personnel officer prepares an order for granting leave, and the head of the company signs it. For convenience, you can record vacation applications in a special journal. There is no unified form for this document. Therefore, the HR department can develop it independently.

The leave order is drawn up in the approved form. If one person goes on vacation, then use the unified form No. T-6 “Order (instruction) to grant leave to an employee.” If several people go on vacation at the same time, then a joint order is drawn up in form No. T-6a “Order (instruction) on granting vacation to employees.” These forms were approved by Resolution of the State Statistics Committee of Russia dated January 5, 2004 No. 1 (hereinafter referred to as Resolution No. 1).

Vacation orders can also be recorded in a special journal. There is no unified form for this document. Therefore, the HR department can develop it independently.

Based on the vacation order, the personnel officer must make notes on the employee’s personal card (unified form No. T-2, approved by Resolution No. 1). For this purpose, the card provides a special section VIII “Vacation”. Here they indicate the type of leave (study), the number of calendar days of leave, its start and end dates, the basis for granting leave (for example, a summons certificate).

In addition to the listed documents, the HR specialist must also fill out the unified form No. T-60 “Note-calculation on granting leave to the employee” (approved by Resolution No. 1). It is used by accounting departments when calculating vacation pay. Therefore, the front side of the calculation note is filled out and signed by an employee of the personnel department, and the back side is filled out by the company’s accountant.

Sample of filling out a calculation note by a HR employee:

Please note: if a person goes on unpaid study leave, a calculation note is not drawn up. After all, the purpose of this form is to calculate the payments due to the vacationer. And when a student goes on vacation at his own expense, the company should not accrue any payments to him.

Study leave must also be reflected in the working time sheet (forms T-12 or T-13, approved by Resolution No. 1). For educational leaves, the following designations are provided: code “U”, if the leave is paid; code “UD” if the leave is unpaid.

BETWEEN THIS AND THEN

In France, Italy and some other European countries, a type of leave called “sebeticle” is provided for senior managers and scientific and pedagogical workers. This is a long, up to 11 months, usually paid leave, which is provided once every 7–10 years with a long period of work at the enterprise.

The phenomenon of combining work and study is quite common, especially for young people. In this case, the employer must provide paid leave for the duration of the sessions. You need to understand that temporary release from work due to study is not included in the employee’s annual leave.

It is not always clear how study leave is paid, whether all employees are entitled to it, what to do correctly if an employee combines work in several organizations, and many other issues. We will try to answer these questions in today's article.

To whom is it provided?

Every employer must provide paid leave from work for studies to those employees who, in addition to work, also receive:

higher education in a bachelor's, specialist's or master's program;
those who enroll in the programs specified in the previous paragraph;
those who receive higher education;
those who study in secondary specialized educational institutions;
for those who study in general education institutions on a full-time or part-time basis.

But it's not that simple. According to the labor code, a number of conditions must be met.

Conditions for receiving study leave

In order for employees who combine study and work to receive additional vacation days, certain conditions must be met. There are not many of them, but you should know them.

Education must be obtained for the first time. No vacations or compensation are provided to employees who receive second and subsequent education. For example, an employee graduated from college and decided to get a second secondary education. In this case, he cannot count on additional vacation days. But if the same employee wants to receive higher education, then the organization must provide him with paid study leave. That is, to the question “is study leave paid for a second higher education?” the answer is clearly no.
If an employee simultaneously works and receives education in two educational institutions or in two specialties, then he will receive paid temporary leave from work for studying in one of the institutions or in one of the specialties. The choice is up to the employee.
The institution where the employee is trained must be accredited by the state. You can view the lists of accredited educational institutions on the official website of the Federal Service for Supervision of Science and Education.
Temporary release from work for studies is granted only upon presentation of a call from an educational organization.
Mandatory study leave has a duration no longer than that specified in the Labor Code of the Russian Federation. On a voluntary basis, the leave may be longer, but only by decision of the employer.

Read also: Leave without pay for working pensioners Article 126

Leave to study if the employee is part-time can only be granted by the employer at the main place of work. If the place of work is not the main one, then it is necessary to combine work and study or apply for a temporary release from work at your own expense.

Registration of study leave

In order to receive payment for temporary release from work due to study, you must properly register this leave. To do this, it is necessary to comply with a number of requirements that are prescribed in the Labor Code of the Russian Federation.

First, you need to write an application addressed to the director of the enterprise. A call from the educational institution must be attached to the application.
The director of the enterprise or company must issue a decree that the employee is granted study leave.
Based on the order, the accounting department calculates the amount of payments for study leave.
Information on granting temporary leave from work for study reasons is entered into the employee’s personal file and is reflected in the time sheet.

Paid study leave

To the question “Is the employer obliged to pay for study leave?” we answered in the previous section. Now let’s answer the question “How to pay for study leave?”

In order to correctly pay an employee for the granted study leave, it is necessary to calculate vacation payments. However, you must remember to take this amount into account when paying taxes and insurance premiums.

Let's try to figure out how study leave is paid if it is provided without saving earnings and with saving. Let's take this example. The employee must pass certification within 3 months to receive a bachelor's degree. The employer will pay for such leave in accordance with the average earnings for the last six months of work. If the same employee decides to enroll in an educational institution, then for this period he is not provided with paid temporary leave from work for studies.

It's almost autumn, and with it the new school year. Employees combining work and study will require leave for the session. In this case, the employer is simply obliged to provide the employee with study leave, and even pay for it. But is it always?

Employees who combine work and study may go on study leave. This right is provided for by labor legislation.

Only the organization that is the employee’s “main place of work” is obligated to provide study leave (Article 287 of the Labor Code of the Russian Federation). When a person works part-time in a company, the employer is obliged to release him for a session only if there are appropriate conditions in the contract (employment or collective).

Study leave cannot coincide with other leaves. For example, if an employee is on parental leave, then in order to receive educational leave, he will have to interrupt it.

By analogy, the issue of annual leave is resolved. In this case, study leave can be added to the annual leave. In this case, among other things, the employee will be required to apply for leave. An employee cannot demand a combination of two vacations; such a long absence from the workplace is possible only with the consent of the employer.

If an employee studies in two educational institutions at once, guarantees and compensation are provided only in connection with studies in one of them. The choice of educational institution in this case remains with the employee.

Attention

Please note that an employee who has gone on study leave cannot be deprived of the right to annual paid leave.

Study leave is granted in calendar days. In this case, non-working holidays that fall during vacation are included in the calculation of time. They are paid as regular calendar days.

Unlike annual study leave, it cannot be extended. Moreover, even if an employee falls ill during vacation: the period of illness that coincides with the vacation is not paid. But if the employee has not recovered after the end of the vacation, then starting from the day when he was supposed to return to work, he is accrued temporary disability benefits.

Also, once a year the employer is obliged to pay travel (round trip) to an educational institution for an employee who is studying in the correspondence department. In this case, the employee must study at a university or secondary vocational educational institution.

Travel for studying at a university is paid in full, in an institution of secondary vocational education - 50 percent of the cost of travel.

Three conditions

The right of a student employee to study leave is established at the legislative level. At the same time, the Labor Code establishes conditions, the fulfillment of which obliges the employer to release the employee for the session, paying him for the vacation.

Firstly, requirements are put forward for the educational institution in which the employee is studying. It must have state accreditation. This status of the educational institution is confirmed by a certified copy of the certificate, which the employee can request from the educational institution.

However, an employer can allow an employee to go on paid study leave, even if the institute does not have state accreditation. To avoid misunderstandings with inspectors, it is better to stipulate this possibility in an employment or collective agreement.

Secondly, it is mandatory to send those employees who are receiving education at the appropriate level for the first time on paid study leave. If an employee receives, for example, a second higher education, the employer is not obliged to allow the employee to go on study leave. Of course, if the corresponding “promise” is not spelled out in the employment (collective) agreement or the employer himself did not direct the employee to receive a second higher education.

Special rules

Not only full-time employees are entitled to study leave. An employee who is on a probationary period may also qualify for paid leave to take exams.

Thirdly, a working student must demonstrate academic success. While establishing such a condition, the Labor Code does not clarify what exactly is meant by successful study. Therefore, it is advisable to refer to the norms of the Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education,” which states that students are required to acquire knowledge and complete all tasks provided for in the curriculum and educational programs within the established time frame. Thus, an employee will be considered successful in his studies if he has no debt for the previous course (semester), he has passed all tests and work, which is confirmed by the issued challenge certificate.

In all other cases, the employer is not obliged to pay for the employee’s study leave. Unless, of course, there is the own desire of the company’s management.

Vacation for the session

Paid leave is provided to employees who study part-time or part-time at universities and secondary vocational education institutions. Also, regardless of the form of education - in institutions of primary vocational education and evening general education institutions.

The Labor Code establishes specific terms for study leave, which the employer is obliged to pay to the employee. The duration depends on the level of the educational institution (see Table 1).

Table 1. Duration of paid leave

Justification for leave	Type of education
	Higher	Secondary vocational	Primary Evening vocational school
Passing the session in the 1st and 2nd courses	40 calendar days	30 calendar days
Passing the session in the 3rd and subsequent courses	50 calendar days	40 calendar days
Passing state exams
Defense of the diploma and passing state exams
Exams			30 calendar days during the year
Passing final exams in IX grade				9 calendar days
Passing final exams in XI (XII) grade				22 calendar days

However, at the discretion of the employer, these periods may be extended. The relevant remarks must be contained in the employment or collective agreement.

Article 173 of the Labor Code does not stipulate special rules for paying for study leave. In this regard, you should refer to the legal requirements for paying annual leave.

Thus, the employer is obliged to pay for study leave in full no later than three days before its start.

Also, the employer does not have the right to withhold the amount of vacation pay from the salary if the employee does not pass the exam. Since the basis for granting study leave is a summons certificate, it is admission to passing the exam and confirmation of the student employee’s successful studies. Consequently, the payment of vacation pay does not depend in any way on the results of the last exam.

Study at your own expense

If the employer is not obliged to pay an employee for his study leave, this does not mean that he can prohibit the employee from taking it at his own expense. A similar obligation arises if the employee writes a corresponding statement.

Please note that an employee can receive unpaid study leave only if he is studying at a university or secondary vocational education institution. The minimum terms of such leave are also provided for by law (see table 2).

Table 2. Duration of unpaid leave

How to apply for study leave

To apply for study leave, an employee must write an application and attach to it a summons certificate, which is issued by the educational institution. There are no requirements for the application, so it can be written in free form.

In contrast to the employee’s application, the form of the summons certificate is approved by the Ministry of Education of Russia:

for university students - by order of May 13, 2003 No. 2057;
for students of secondary vocational education - by order of December 17, 2002 No. 4426.

As for institutions of primary vocational education, they independently approve the form of this certificate. The summons certificate indicates the reason for the leave and the period for which it must be issued. An integral part of the challenge certificate is the confirmation certificate. The employee is required to present it after the end of the study leave. At its core, a confirmation certificate is proof that the employee was lawfully on vacation.

Otherwise, study leave is processed in the same way as annual leave.

I.R. Svetlichnaya, lawyer

In the process of working, many workers often decide to get a second higher education in order to expand their knowledge, acquire new skills and further professional growth. In this case, training may affect the employee’s current profession or relate to a completely different area of professional activity.

At the same time, Russian labor legislation contains information that study leave when receiving a second higher education may not only not be paid, but may not be provided at all (Article 177 of the Labor Code of the Russian Federation).

However, this does not mean that a specialist should refuse to improve his qualifications and diversify his knowledge and skills. The Labor Code contains at least three aspects that protect the rights of the employee, namely:

if it turns out that the educational level within a specific specialty is exceeded for the first time, then the employee is guaranteed paid study leave;
if an employee receives education at the initiative of the employer, then the latter is obliged not only to arrange educational leave, but also to pay for it in full;
if the two indicated points turn out to be inapplicable, then the specialist always has the right to request leave from the employer without pay for the period of the session.

It is worth adding that often opportunities for taking educational leave as part of obtaining a second higher education may be provided for in a collective labor agreement. In this situation, the problem is solved automatically.

Such contradictory information raises many questions among working citizens. All the legal subtleties of registration and payment of study leave within the framework of a second higher education are discussed in this article.

Is it possible to take a study leave while receiving a second higher education?

Currently, higher education has become publicly available, which allows everyone to receive another diploma while working in the specialty acquired as part of their first higher education.

Combining study and work is a very pressing issue. After all, at least twice a year (even with correspondence courses) you need to go away to attend lectures and take exams. What guarantees does the Labor Code of the Russian Federation provide in this regard?

To begin with, it is worth mentioning the fact that a second higher education generally does not provide any guarantees or compensation from the employer. This allows many organizations to avoid promoting employee education. However, in reality, there are still some nuances in this issue and it is important for training specialists to know them.

Firstly, upgrading an employee’s qualifications often involves obtaining another higher education. If the employer insists on this, then he is obliged to conclude an apprenticeship agreement with the employee;
Secondly, on the basis of this agreement, the organization provides the employee with study leave in full compliance with the duration established by Russian labor legislation, issues vacation pay, and also, most often, pays for the training itself.

An apprenticeship agreement is a guarantee not only for the employee, but also for the employer, who must receive a return on his investment. That is why it usually contains a period during which the employee is obliged to work in the company upon completion of training.

It is worth paying attention to one important nuance: if an employee is sent for training by the employer, he is granted study leave and payments for it, but the education itself is paid for by the student, then the employer cannot put forward any requirements regarding mandatory service in the company.

If the employee himself decided to receive a second higher education, and the guarantees for him in this case are fully reflected in the collective labor agreement, then it is advisable to take the following actions even before submitting an application for training:

notify the head of the organization about this and talk with him about guarantees of job security and the provision of leave;
insist on signing an agreement on study leave or leave without pay, payment of vacation pay, the possibility of returning to the current position at the end of the session, etc.

If it turns out that there are no grounds for issuing study leave for the employee, then throughout the entire period of study during the exam periods, the employee will have to request leave without pay. The basis for this each time will be a summons certificate, which is issued in the educational department or dean’s office of the university.

Even if the collective labor agreement does not contain information on granting study leave when receiving a second higher education, choosing a faculty related to the current field of activity is an opportunity to receive compensation from management in the form of:

signing a student agreement with full or partial payment of tuition;
registration of study leave with payment of vacation pay for the entire period of study;
providing unpaid leave with compensation bonuses to facilitate employee training.

It is also worth adding that obtaining a second higher education is equivalent to advanced training, which employees must undergo at least once every five years (Articles 196-197 of the Labor Code of the Russian Federation).

Lawyers in practice mention two more possibilities for obtaining a second higher education with “the least losses”:

transfer annual paid leave to the session period by writing an application addressed to the head of the organization;
divide it into two parts - the first (14 days) to “take the day off” in accordance with the vacation schedule, and the second to request during the session.

In this way, you can cover at least one period of the current certification by taking leave without pay for the second. In this case, the employee’s current income will be lost for no more than a month.

Second higher education – should you expect vacation pay?

If an employee of an organization receives higher education for the first time or is studying for a master’s degree, then Russian labor legislation guarantees him study leave with payment in the amount of the average monthly salary.

Obtaining a higher education diploma on the basis of secondary specialized education, a master's degree on the basis of the first higher education - these situations always require a full package of guarantees and compensation from the employer.

However, payment for study leave when receiving a second higher education is a controversial and ambiguous issue. What are the possibilities for receiving vacation pay in this situation? They are quite real in the cases listed below.

The education the employee receives will be related to a slightly different specialization. For example, an employee with a specialty in “Accounting and Audit” (direction – economics) receives a second higher education in the specialty “Taxes and Law” (direction – jurisprudence).
The employer enters into an apprenticeship agreement with the employee, pays for his training and requires him to work at the enterprise after graduation (the period of employment is established in advance and is clearly stated in the apprenticeship agreement).
The right to receive vacation pay when receiving a second higher education is specified in the local regulations of the employer, in particular, in the collective labor agreement.

Difference between first and second higher education

Many workers who decide to continue their studies at universities often cannot finally decide whether they are receiving their first or second higher education. To do this, it is necessary to delve into the intricacies of the Russian educational system.

Since 2011, Russia has switched to international standards for the provision of higher education, which provide for two-stage training:

4 years to obtain a bachelor's degree;
2 years to obtain a master's degree.

Until 2011, all universities in the country awarded a master's degree to their graduates. What did these significant changes lead to?

If a company employee has a specialist diploma, then obtaining a bachelor’s or master’s degree in the same specialty is the process of acquiring a second higher education;
If an employee has a bachelor's degree and has entered a master's program, then in this situation it is considered that he continues to receive his first higher education.

If an employee decides to complete a master’s degree while having a bachelor’s degree in the same specialty, then he can receive all compensation and guarantees even if the profession is completely identical.

If a master's or bachelor's degree is a continuation of a specialty, then payments are made only if the specializations differ. For example, an employee with a diploma in linguistics enters the Faculty of Journalism in a master's program.

Particular attention should be paid to the fact that when an employee is issued study leave once, all subsequent times he will also be issued study leave. at the same time, the employer does not have the right to reduce vacation pay or cancel it altogether - the employee has the right to challenge these decisions in court.

To summarize, it should be noted that even if the employer refuses to grant the employee paid study leave due to lack of grounds, he always has the opportunity to make a choice in favor of evening or distance learning. In this case, he will not have to leave his workplace, lose his source of income in the form of salary and his workplace.

Having a bachelor's degree, it is quite possible to study in another specialty in a master's program, while having all the benefits of a student studying at a university for the first time, including the right to leave. Compensation Types During initial studies at a university, study leave is accompanied by the following benefits and compensation:

payment for the period of absence from work in the amount provided for by the Labor Code;
reimbursement of travel to the place of study;
reduction of working hours per day (by several hours) or per week (an additional day off is given).

These benefits are retained when receiving a second higher education, but only in case of training in the direction of employers. In this case, the enterprise can pay for studies (in whole or in part), housing costs, etc., if such obligations are specified in the agreement.

Second higher education: is study leave paid?

First or second higher education? Until 2011, after receiving higher education, a citizen was issued a specialist diploma. Then the Ministry of Education of the Russian Federation decided that higher education will now be divided into 2 parts:

bachelor's degree;
master's degree

Thus, if an employee has received a specialist diploma and wants to undergo training in another program, this will be considered the acquisition of a second higher education. However, if a citizen has a bachelor’s degree in hand and wants to complete a master’s degree, then in this case we are talking about obtaining an education at the first higher education level.

IMPORTANT! The professions that a citizen receives as part of higher education may differ. For example, a bachelor receives a diploma in “Journalism,” and a master receives a diploma in “Linguistics.”

How to take study leave to obtain a second higher education

Guarantees for paid study leave An employee of an enterprise can combine work activity with training at various levels:

level of higher education and bachelor's, specialist's, and master's programs;
level of secondary vocational education;
level of primary vocational education.

In order for an employer to pay for additional study leave, certain conditions must be met:

educational institutions must have state accreditation for the programs they study;
the employee must successfully master these programs;
level of education must be obtained for the first time.

If these conditions are met, the employer provides him with study leave while maintaining average earnings (Article 173 of the Labor Code of the Russian Federation).

Is study leave paid for distance learning?

This allows many organizations to avoid promoting employee education. However, in reality, there are still some nuances in this issue and it is important for training specialists to know them.

Firstly, upgrading an employee’s qualifications often involves obtaining another higher education. If the employer insists on this, then he is obliged to conclude an apprenticeship agreement with the employee;
Secondly, on the basis of this agreement, the organization provides the employee with study leave in full compliance with the duration established by Russian labor legislation, issues vacation pay, and also, most often, pays for the training itself.

An apprenticeship agreement is a guarantee not only for the employee, but also for the employer, who must receive a return on his investment.

Is study leave granted when receiving a second higher education?

Conditions for granting study leave Leave for a session is granted under the following conditions:

Mastering the curriculum of the appropriate level is carried out for the first time. The form of study does not affect the right to receive study leave, but payment is not made when receiving full-time education.

Important: vacation is provided and paid in full if provided for by a collective agreement or law.

According to Art. 177 of labor legislation, when combining studies in two educational institutions, guarantees and compensation are provided from only one.
The educational institution must be accredited.

How is study leave paid at work in 2018?

Russia has switched to international standards for the provision of higher education, which provide for two-stage training:

4 years to obtain a bachelor's degree;
2 years to obtain a master's degree.

Until 2011, all universities in the country awarded a master's degree to their graduates. What did these significant changes lead to?

If a company employee has a specialist diploma, then obtaining a bachelor’s or master’s degree in the same specialty is the process of acquiring a second higher education;
If an employee has a bachelor's degree and has entered a master's program, then in this situation it is considered that he continues to receive his first higher education.

Is study leave paid for part-time and full-time studies?

An exception is that obtaining education at a non-accredited educational institution is provided for by a collective agreement.

The basis for providing time for a session is a calling document from the place of study and an application addressed to the employer.
The duration of study leave is determined by labor legislation.

If a person works part-time, then study leave is granted at the main place of work. In other jobs, the employer must provide additional unpaid time. Is study leave paid for distance learning? Study leave for part-time and part-time education is subject to payment by the employer.

For example, the employer pays for time when passing the final certification and passing the state exam. Entrance tests are not subject to payment.

Will I be able to apply for study leave for a second higher education?

Info

According to the Labor Code of the Russian Federation, the annual rest period is extended or transferred to another period in the following cases:

illness;
performance of government duties;
other situations provided for by the Labor Code of the Russian Federation.

The list of circumstances under which annual leave is extended is open. Therefore, there are no grounds for refusing an extension. In this case, the interests of other employees must be taken into account.

If the vacation schedule for this time provides for the rest time of another employee, and the departure of both entails a stop in the production process, then a transfer is carried out. Study leave is provided and paid if education is obtained for the first time through correspondence or evening classes. The employee has the right to use all or part of the time provided.
If educational and annual leave coincide, the second is extended or postponed to another period of time.