Who is eligible for paid study leave? Who is entitled to study leave and how is it paid?

The whole complex of guarantees and compensations for employees who combine work with education is expressed in providing them with more free time from work for successful study and advanced training. They are established by Chapter 26 (Articles 173-177) of the Labor Code of the Russian Federation, as well as by the Federal Law of August 22, 1996 “On Higher and Postgraduate Professional Education”. Such guarantees and compensations are special, related to institutions and reflect additional guarantees of the right to rest for this category of workers.

An employee can learn:

• in a higher educational institution (institute, academy, university);
• in an educational institution of secondary vocational education(college, technical school);
• in an educational institution of primary vocational education;
• in an evening (shift) educational institution.

Guarantees and compensations provided for by the Labor Code of the Russian Federation are provided only if the educational institution has state accreditation, and the employee is successfully studying in it.

In accordance with Art. 177 of the Labor Code of the Russian Federation, guarantees and compensations to employees who combine work with education are provided when they receive an education of the appropriate level for the first time.

Additional holidays for this category of employees may be added by agreement of the employer and employee.

An employee who combines work with education simultaneously in two educational institutions is provided with guarantees and compensations only in connection with training in one of these educational institutions at the choice of the employee.

For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays once per academic year for travel to the location of the relevant educational institution and back, and for employees studying by correspondence in educational institutions of secondary vocational education, 50% of the fare.

Trainees, where appropriate, are provided with:

• additional leave with the preservation of average earnings;
• leave without saving wages.

Additional leave maintaining average earnings provided:

1. when studying at a higher educational institution in the correspondence or evening department:

• for passing tests and exams in the first and second years - 40 calendar days, for each of the subsequent courses - 50 calendar days (when mastering the main educational programs in a shortened time in the second year - 50 calendar days);
• for preparing and defending a diploma and passing final state exams - four months;

2. when studying at an educational institution of secondary vocational education in the correspondence or evening department:

• for passing tests and exams in the first and second years - 30 calendar days, for each of the subsequent courses - 40 calendar days;
• for the preparation and defense of a diploma and passing the final state exams - two months;
• for passing the final state exams - one month;

3. when studying at an educational institution of primary vocational education: for passing exams - 30 calendar days within one year;

4. when studying in an evening (shift) general education institution:

• for final exams in the 9th grade - 9 calendar days;
• for passing the final exams in the 11th (12th) grade - 22 calendar days.

Vacation without pay provided (Art. 173-176 of the Labor Code of the Russian Federation):

1. upon admission to a higher educational institution:

• employees admitted to entrance examinations - 15 calendar days;
• employees - students of preparatory departments of higher educational institutions for passing final exams - 15 calendar days;

2. when studying at a higher educational institution on a full-time basis:

• for passing exams and tests - 15 calendar days in the academic year;
• for preparing and defending a diploma and passing the final state exams - four months;
• for passing the final state exams - 1 month;

3. upon admission to an educational institution of secondary vocational education for employees admitted to entrance examinations - 10 calendar days;

4. when studying at an educational institution of secondary vocational education in the full-time department:

• for passing exams and tests - 10 calendar days in the academic year;
• for the preparation and defense of a qualifying work and passing the final state exams - two months;
• for the final exams - one month.

To obtain legal guarantees before leaving for a session, a student must write an application and bring a certificate of call from a secondary specialized institution in the form approved by order of the Ministry of Education of Russia dated December 17, 2002 No. 4426. These certificates indicate for what period the employee needs leave. The proof that a person really took the exams is a confirmation certificate, which the administration of the university, college or technical school fills out after the end of the session and certifies with a seal.

Leave without pay. Legal regulation leave without pay is dedicated to Art. 128 of the Labor Code of the Russian Federation. Although it is in the section on rest time in the chapter on holidays, in essence, holidays without pay are not holidays, since these holidays are targeted. Such leave may be granted to an employee for family reasons and other valid reasons upon his written application. The duration of this leave is determined by agreement between the employee and the employer.

Leave without saving differs from other types that we considered earlier, in that it is provided, firstly, without pay, and secondly, without regard to seniority. The only thing these holidays have in common is that in all cases the employee retains his place of work.

The legislator clearly regulates the very procedure for granting leave without pay. It can be provided with the permission of the head of the organization and is issued by the appropriate order (instruction).

These include:

• participants of the Great Patriotic War- up to 35 calendar days a year;
• working old-age pensioners (by age) - up to 14 calendar days a year;
• working disabled people - up to 60 calendar days a year;
• parents and wives (husbands) of military personnel who died or died as a result of injury, concussion or injury received in the line of duty military service, or due to a disease associated with military service - up to 14 calendar days;
• employees in cases of the birth of a child, marriage registration, death of close relatives - up to five calendar days.

This list is not exhaustive. The Labor Code of the Russian Federation, federal laws, laws of the constituent entities of the Russian Federation or local regulations may establish other categories of employees who have the right to leave without pay, and cases of its provision. For example, employees admitted to entrance exams to higher educational institutions - up to 15 calendar days, on average - 10 calendar days (Chapter 26 of the Labor Code of the Russian Federation), women caring for a child under three years of age have the right to leave without saving wages (Article 256 of the Labor Code of the Russian Federation).

In accordance with Art. 263 of the Labor Code of the Russian Federation, additional leave without pay is granted to persons caring for children.

An employee with two or more children under the age of 14, an employee with a disabled child under the age of 18, a single mother (father) raising a child under the age of 14 may be granted additional annual leave without pay by a collective agreement. at a convenient time for them for up to 14 calendar days. In this case, the specified leave, at the request of the relevant employee, may be attached to the annual paid leave or used separately in full or in parts. The transfer of this leave to the next working year is not allowed.

In all cases, the provision of unpaid leave, regardless of their purpose and duration, must be formalized by order (instruction) of the employer. While on the specified vacation, the employee may interrupt it at any time and return to work, notifying the employer in writing.

During the period of leave without pay, as well as during paid leave, the employer does not have the right to dismiss the employee on his own initiative (Article 81 of the Labor Code of the Russian Federation).

Many students or students of specialized institutions are employed before they have received a diploma. Or the employer can send his employee for advanced training or courses additional education. How to register and pay study leave? Consider the nuances of setting up a session for your employee.

Features of granting study leave

If the employer approves, then another one can be added to the student leave. There are also cases when the study leave falls on the period of the next one. The legislation does not give an exact explanation for a way out of this situation, but practice shows that if the beginning of one and the other coincide, the annual leave is transferred to another date. If a certificate-call from an educational institution comes during the period of the next vacation that has already begun, then, with the consent of the head and on the basis of Article 125 of the Labor Code of the Russian Federation, it is interrupted, and the employee can take the rest of his planned vacation later.

A part-time job working for several employers at once is granted leave for passing a session or defending a diploma only at one place of work, at the choice of the employee himself. At the same time, he can continue to work at the second place of work. If an employee falls ill during the period of student leave, the vacation is not extended, and the sick leave is not paid (clause 1, article 9 of the Federal Law No. 255-FZ).

If a fixed-term contract is concluded with an employee, then, according to Art. 79 of the Labor Code of the Russian Federation, it is interrupted on the day when the deadline expires. Under the Labor Code, a temporary worker on study leave is not provided with any guarantees.

Under the Labor Code, a temporary worker on study leave is not provided with any guarantees.

Student leave is a valid reason for the absence of an employee at his workplace, and the number of days is reflected in the call certificate from the educational institution.

If an employee is just getting a job and is on probation, in accordance with Art. 70 of the Labor Code of the Russian Federation, all legally established rights apply to him, so he can also take study leave.

Some employers try to assign some production matters to the employee for the period of the employee’s apprenticeship, however, the legislation does not provide for a business trip or recall from such a vacation. Also, during the vacation period, an employee cannot fall under a reduction or dismissal (), unless he can leave of his own free will.

Responsibility for denied leave

If employers do not release their employees for a session, then the employee can apply to the labor inspectorate. In this case, management bears administrative responsibility. According to Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, individual entrepreneurs can receive a fine from 1000 to 5000 rubles.

If you refused an employee on study leave, then you face a fine of 1,000 to 5,000 rubles.

In the event that the employee did not provide the manager with a call-out certificate, because he skipped the session or was expelled, the study leave order can be canceled and vacation payments returned in court. To cancel the order, an act arbitrarily drawn up in front of witnesses is needed, in which the employee indicates his refusal to leave and the reason for the inability to provide a call certificate. You can see an example of canceling a vacation order.

When you hire an employee who receives an education along the way, be prepared for the fact that you will have to provide and, in most cases, pay for additional leave for him. The certificate-call will serve as the basis for the vacation. If it is not, then you can refuse to leave.

Study leave is granted to all employees who combine work and education. It does not depend on the main vacation, but can join it if possible. How paid study leave at work depends on many nuances. Not in all cases, it is necessary to maintain wages during the employee's session, passing exams. The Labor Code of the Russian Federation clearly regulates the rights and obligations of the parties.

From this article you will learn:

• all information about study leave according to the Labor Code of the Russian Federation;
• duration of study leave for employees combining work with study;
• rules for registration of study leave;
• How is study leave paid?

Study leave according to the Labor Code of the Russian Federation

The employer is obliged to provide study leave at the right time, regardless of whether the employee has worked for more than 6-12 months or not. Relying on Art. 287 of the Labor Code of the Russian Federation, it can be noted that an employee can receive leave only at the main place of work. If he performs the duties of part-time, extra days rest he will have to take at his own expense.

The employer is obliged to provide TC study leave to employees who combine work with receiving:

• higher education for master's and bachelor's programs, as well as applicants for training, which is regulated Art. 173 Labor Code of the Russian Federation;
• higher education, which implies the training of highly qualified personnel in accordance with Art. 173.1 of the Labor Code of the Russian Federation;
• secondary vocational education, as well as applicants for training according to Art. 174 Labor Code of the Russian Federation;
• basic or secondary general education in part-time form, which is reflected in Art. 176 Labor Code of the Russian Federation.

If the study leave coincides with another, for example, to care for a child, then in order to receive it, the previous leave must be interrupted. Despite the fact that the law provides for additional education while maintaining a job, it is not possible to get additional days that are necessary for passing the session.

Educational leave may be granted in the following cases:

• When an employee receives an education of this level for the first time. Leave cannot be granted if the employee receives a second higher education, secondary vocational. In this case, the main vacation should be postponed to the dates when the session is due, the exams are to be taken.
• If the educational institution has state accreditation. But other rights of the employee can be fixed in the contract, so you need to focus on it.

Educational leave is granted only on the basis of a call certificate, which an employee can receive at an educational institution. In addition, additional days when an employee may not go to work are allowed only with successful training. To receive them, the employee writes a statement, and the employer issues an order.

The order for study leave is as follows:

Study holidays for employees combining work with study: duration

Granting study leave to an employee is possible for a different period of time, which is regulated Art. 173-176 of the Labor Code of the Russian Federation. The maximum vacation time depends on the type of education, programs and other nuances.

According to Art. 173 Labor Code of the Russian Federation, when studying at higher educational institutions for the session is provided:

• on the 1st and 2nd year of study - 40 days;
• on subsequent courses - 50 days.

According to Art. 174 Labor Code of the Russian Federation, when receiving secondary vocational training, leave is granted for the duration of the session:

• on the 1st and 2nd year of study - 30 days;
• on subsequent courses - 40 days.

Educational leave must be granted for up to 4 months if the employee passes state accreditation or defends a thesis.

According to Part 2 Art. 173 Labor Code of the Russian Federation, in 2017 the employer must provide 15 calendar days unpaid leave employee for:

• passing entrance exams;
• final exams, if the employee is a student of preparatory courses.

In addition to unpaid or paid study leave, other benefits are also provided.

Before the start of the final certification, the employee has the right to a shortened working week in accordance with Part 4 Art. 173 Labor Code of the Russian Federation. Working hours are limited to 7 hours a week. An employee can take an additional day off for 1 working day or work a limited amount of time.

At the time of exemptions, the specialist receives only 50% of the average salary, but not lower than the minimum wage. This is stated in paragraph 4 of Art. 173 Labor Code of the Russian Federation. In addition, the employer must pay once a year the road to the place of study and back, but these amounts are not subject to insurance premiums.

Download related documents:

Registration of study leave: actions of the employee and the personnel department

How study leave is paid and to what extent depends on the specific situation, so employees may not always count on compensation. Despite this, it is drawn up according to the same principle. If the employer categorically refuses to provide extra days off required for the delivery of the session, receipts, the employee can apply to the procurator.

In case of violation of the rights, the employer is threatened with the imposition of fines, since it is necessary to strictly comply with the current labor legislation.

A student who needs to pass a session or pass a final assessment must write an application addressed to the employer. There is no strictly established application form for study leave, but it must reflect the main information.

Additionally, you should request a certificate from the educational institution, which is given to the personnel department. This is done directly by the employee, not by the employer.

Approximate application structure:

• In the upper right corner is indicated: the position, as well as the full name of the head of the employer; full name of the employer, including legal form; current position and full name of the applicant; structural subdivision if the enterprise is large;
• In the middle of the sheet is written the word "Statement";
• In the "body" it is necessary to reflect the reason - the provision of educational leave. You need to write the name of the educational institution, the grounds, the duration of the vacation. You can overwrite the information from the help-call. You also need to indicate whether study leave is paid or not;
• Below is the signature of the applicant with the decoding of the last name, as well as the date of the application.

Based on the application written by the employee, as well as the provided certificate from the educational institution, the personnel department forms an order stating that the educational paid leave of the Labor Code of the Russian Federation has been granted. In some cases, the salary for the training period cannot be retained by the employee, which is also regulated by the current legislation.

Important! The first part of the reference-call is given to the employer immediately! The second is only after the employee passes the session, exams, or defends his thesis.

After completing all the documents, the accountant draws up a note-calculation, where it will be indicated average earnings. The personnel department records data on study leave in the employee's personal card ( form No. T-2), personal account ( form No. T-54 or No. T-54a), as well as in the timesheet ( form No. T-13 or No. T-12).

Paid study leave: what an accountant needs to consider

Paid educational leave of the Labor Code of the Russian Federation is provided only to those employees who receive higher, secondary education for the first time. At the same time, it is important that the form of education is part-time or part-time. In other cases, the employee must combine the main vacation with the period of the session, passing exams, admission.

If receiving additional education was at the request of the organization, the employee must retain wages. This should happen even if he receives a second higher or secondary specialized education, takes refresher courses.

An employee can receive education in any type of educational institutions:

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

When study leave is needed, how it is paid is decided individually, but in accordance with the law. However, the employer does not have to pay cash for missing work if the employee did not pass the session the first time. Those. in this case he must take the days at his own expense.

Educational leave, payment is due only to those employees who fall into the list listed above, i.e. meet all the established criteria. To calculate how much is due for payment, you need to add up all the income for the year, divide them by 12 months, and then by 29.3 days (this is the average number for the year), and not by 30, as inexperienced personnel officers often do or accountants.

Thus, it will be possible to receive the amount due in one day. The money must be paid three days before the start of the holiday.

The employer does not have the right to refuse to provide an employee with educational leave, even if he does not fall into the category of paid ones, for example, when a specialist receives a second, third higher education. But in this case, it is much more profitable for the employee to combine annual paid vacation with session period, passing exams.

The employer may not change the vacation schedule, but the days when the specialist will be absent from the workplace must be provided. It is impossible to dismiss an employee of the organization in order to hire a new one, even if during the period of temporary absence there is a high need for a specialist, for example, during seasonal work.

* For child care
* Make a vacation schedule (Section of the site "Documents of the personnel service")
* Questions about the vacation schedule
* The employee is on vacation. How to get a replacement?
* Compensation for unused vacation

The procedure for granting study leave

The provision of educational leave (with or without pay) in accordance with Chapter 26 of the Labor Code of the Russian Federation “Guarantees and compensations for employees combining work with education” is referred by the legislator to guarantees and compensations.
Depending on the circumstances, study leave is granted with or without average earnings. In any case, the period of study leave is calculated in calendar days.
For correct application labor law it is important to distinguish between the legal nature of annual (basic and additional) leaves and additional leaves in connection with training. Mixing the concepts of educational and additional annual leave in practice leads to errors in the order in which they are granted and calculated. The main differences between these types of holidays.
1. In accordance with the norms of Article 120 of the Labor Code of the Russian Federation, the duration of the annual basic and additional paid holidays of employees is calculated in calendar days and is not limited to a maximum limit. Non-working and holidays, falling on the period of vacation, are not included in the number of calendar days of vacation and are not paid, as a result, the actual duration of the vacation increases. This applies exclusively to annual (basic and additional) vacations.
Non-working holidays falling during the period of study leave are included in its period and paid, unless otherwise provided by the collective agreement or labor contract in accordance with the law (part 2 of article 9 of the Labor Code of the Russian Federation).
2. In accordance with Part 1 of Article 116 of the Labor Code of the Russian Federation, annual additional paid holidays are granted to employees:
employed in work with harmful and (or) hazardous conditions labor;
having a special nature of work;
with irregular working hours;
working in the regions of the Far North and equivalent areas;
in other cases stipulated by federal laws.

The purpose of the annual additional holidays specified in Part 1 of Article 116 of the Labor Code of the Russian Federation is to provide employees with longer vacations due to the special nature of work, its conditions, and the impact on health of harmful production factors, as well as in connection with protection from the adverse effects of working in such conditions.
The legislator included the norms governing annual holidays in section V "Rest Time" Labor Code. And the provisions relating to study holidays (Articles 173-177 of the Labor Code of the Russian Federation) are assigned to Section VII "Guarantees and Compensations". According to Article 164 of the Labor Code of the Russian Federation, such holidays are a means for the employee to exercise his rights in the field of social and labor relations.
The legislative consolidation of guarantees for additional study holidays for employees who combine work with education is not determined by the nature and conditions of work and is not related to the impact of such work on the health of the employee. Unlike annual paid holidays, study holidays have a different purpose. Their goal is to study (and successful), combined with work.
From the literal interpretation of the norms of articles 173-176 of the Labor Code of the Russian Federation, the conclusion follows: additional paid vacations in connection with training are not “annual additional paid holidays”, which are referred to in article 120 and part 1 of article 116 of the Labor Code of the Russian Federation. This statement is also supported by the different approach of the legislator to the procedure for summing up additional annual holidays with annual paid holidays and the procedure for adding annual paid holidays to study holidays.
In the first case, on the basis of Part 2 of Article 120 of the Labor Code of the Russian Federation, the employer is obliged to sum up the additional annual leave with the main annual leave. And in the second, the addition of annual paid holidays to study holidays (regardless of their payment) in accordance with Part 2 of Article 177 of the Labor Code of the Russian Federation is permissible only by AGREEMENT between the employer and the employee.
3. The next criterion for distinguishing between annual paid leave and study leave is the basis for their provision.
The basis for granting annual paid leave is the time of actual work and other periods of time giving the right to leave (Article 121 of the Labor Code of the Russian Federation). The basis for granting educational leave is the successful combination of studies by the employee in the relevant educational institutions, or his admission to entrance examinations in educational institutions of higher professional education or other educational institutions with state accreditation.
In addition, in accordance with paragraph 4 of Art. 17 federal law dated August 22, 1996 No. 125-FZ “On higher and postgraduate professional education”, a separate basis for the employee to have the right to study leave is a certificate-call from the university, the form of which is given in Appendix No. 1 to the order of the Ministry of Education of Russia dated May 13, 2003 city ​​No. 2057.

An employee is entitled to apply for study leave if

the educational institution where he studies has state accreditation;
he receives education of the corresponding level for the first time.
If an employee already has a diploma of higher education, but receives a second higher education, then the organization is not obliged to provide him with any benefits. However, the employer, on its own initiative, has the right to keep them for such students. When an employee is trained simultaneously in two educational institutions, benefits are provided to him at his choice only in connection with studying in one of them. At the same time, the employer can provide leave on a call-out certificate from the second educational institution, but only at the expense of the enterprise’s own funds or without pay, if this is provided for by the organization’s local regulations (for example, a collective agreement).
Employees sent for training by the employer or enrolled independently in state-accredited educational institutions of higher, secondary, primary vocational education, regardless of their organizational and legal forms in correspondence and part-time (evening) forms of education, as well as evening (shift) general educational institutions, successfully studying in these institutions, the employer provides additional leave with the preservation of average earnings. The duration of these holidays is determined by Chapter 26 of the Labor Code of the Russian Federation.
Employees studying in part-time and part-time (evening) forms of education in state-accredited educational institutions of higher professional education for a period of ten academic months before the start of a graduation project or passing state exams are established at their request (written application) work week shortened by 7 hours. During the period of release from work, the specified employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties to the employment contract, concluded in writing, the reduction of working time is carried out by providing the employee with one free day from work per week or by reducing the length of the working day during the week.
Before giving a student a study leave, you should find out how successfully he combines study with work: whether he passes all tests and exams on time, whether there are any debts, absenteeism. To do this, you can send a written request to the educational institution or ask the student to present a record book.
Depending on the status of the educational institution, several categories of students can be distinguished:
employees entering a higher educational institution and studying at universities;
applicants and students of professional educational institutions of the middle level;
students in vocational educational institutions of primary level;
those who receive education in evening (shift) general educational institutions in their free time.
Depending on the level of the educational institution, as well as the form of education - full-time, part-time, part-time (evening) - one or another type of guarantees and compensation is provided.
Study holidays for students are regulated by articles 173-176 of the Labor Code of the Russian Federation. They can be with the preservation of average earnings and at their own expense. The purpose of the study leave is to provide the employee-student with free time for the successful preparation and passing of examination sessions, graduation projects, state exams.
The following types of study leave are mentioned in legislative acts:
1. holidays with the preservation of average earnings for correspondence students and evening students studying at universities and institutions of secondary vocational education:
for passing intermediate certification (passing sessions);
to pass the final state exams;
2. vacations with the preservation of average earnings for students of educational institutions of primary vocational education, regardless of the form of education, for passing transfer and final exams;
3. holidays with the preservation of average earnings for students of evening (shift) educational institutions - for passing final exams;
4. leave without pay for applicants entering universities, including those without state accreditation, and educational institutions of secondary vocational education, and for full-time students:
to pass entrance examinations;
for passing final exams at the preparatory departments in universities;
to pass the intermediate certification;
to prepare and protect thesis(project) and passing the final state exams;
to pass the final state exams.

How to arrange study leave

A few examples from practice.
Example 1
Secretary of Parus LLC Vorobyeva Svetlana Romanovna wrote a statement addressed to CEO with a request to provide study leave for admission to the institute.
Since Vorobieva S.R. there is no higher education, and the educational institution where she plans to enter has state accreditation, she cannot be denied study leave. She should be granted unpaid leave.
Order option (design is not finished page)

1. According to Article 173 of the Labor Code of the Russian Federation, guarantees and compensations for employees studying in absentia and part-time (in the evening form of education) in higher educational institutions, regardless of their organizational and legal forms, are provided only at the main place of work (Article 287 of the Labor Code) and subject to two conditions: the availability of state accreditation from the educational institution and the successful development of the educational program by the student.

2. The procedure for conducting state accreditation of educational institutions of higher professional education, regardless of their departmental subordination and organizational and legal forms, determines the Regulation on state accreditation of a higher educational institution, approved. Decree of the Government of the Russian Federation of December 2, 1999 N 1323 (SZ RF. 1999. N 49. Art. 6006). It applies to universities that have a license to conduct educational activities in the field of higher professional education, issued by the Federal Service for Supervision in the Sphere of Education and Science, and the conclusion on attestation of the university, issued by the relevant state body that conducted the attestation.

State accreditation is a procedure for the recognition by the state, represented by its state governing bodies, of the status of an educational institution (type, type, category of an educational institution, determined in accordance with the level and focus of educational programs being implemented).

Universities are accredited for a period not exceeding 5 years. According to the positive results of state accreditation, an educational institution of higher professional education receives a certificate of the established form. The certificate confirms the state status of an educational institution, the level of educational programs being implemented, the compliance of the content and quality of graduate training with the requirements of state educational standards, the right to issue state documents to graduates on the appropriate level of education.

3. Employees are considered to be students successfully if they have no debt for the previous course (semester) and by the beginning of the laboratory examination session they have passed all the tests, completed all the work on the disciplines of the curriculum ( test papers, course projects, etc.) on the subjects submitted for the session.

4. Successful combination labor activity with studies in higher educational institutions is guaranteed by the provision of additional vacations by employers while maintaining average earnings.

Article 173 of the Labor Code of the Russian Federation distinguishes between the following types of paid holidays:

• a) vacations for passing intermediate certification;
• b) leave for the period of preparation and defense of the final qualifying work and passing the final state exams;
• c) leave for the period of passing the final state exams.

The duration of the leave depends on the course the employee is studying (on the period of mastering the educational programs) and on the specific purpose of the leave.

Vacations are granted for:

• passing an intermediate certification at the 1st and 2nd courses, respectively - 40 calendar days each, at subsequent courses, respectively - 50 calendar days each;
• passing intermediate certification in the 2nd year when mastering the main educational programs in a shortened time - 50 calendar days;

In addition, the commented article imposes on the employer the obligation to provide unpaid leave of 15 calendar days: to employees admitted to entrance exams to higher educational institutions; employees who are students of preparatory departments at institutions of higher professional education, to pass final exams.

5. Since full-time students are allowed to combine study with work, it became necessary to establish guarantees for them to ensure the realization of their right to receive higher education with the opportunity to engage in useful activities in a certain area of ​​the national economy (paragraph 63 of the Model Regulation on an educational institution higher professional education (higher educational institution) Russian Federation, approved Decree of the Government of the Russian Federation of April 5, 2001 N 264 // СЗ RF. 2001. N 16. Art. 1595).

In accordance with Article 173 of the Labor Code of the Russian Federation, the employer is obliged to provide unpaid leave to employees - students of institutions of higher professional education full-time, combining study with work, for:

• passing the intermediate certification - 15 calendar days in the academic year;
• preparation and defense of the final qualifying work and passing the final state exams - 4 months;
• passing the final state exams - 1 month.

6. Leave in connection with education is granted on the basis of a certificate-call of an educational institution. The forms of this certificate are approved by the Order of the Ministry of Education of Russia dated May 13, 2003 N 2057 (BNA RF. 2003. N 47).

One certificate is intended for obtaining additional leave with pay in connection with the passage of an intermediate certification, the other - in connection with the preparation and defense of the final qualification work and passing the final state exams or passing the final state exams (BNA RF. 1997. N 4).

Upon receipt of a certificate-call, the employee has the right to demand timely leave, and the employer has the obligation to grant him leave.

7. Vacations granted in connection with on-the-job training in educational institutions of higher professional education have a strictly designated purpose and must be used only within the established time limits.

Therefore, if the student did not participate in the examination session and did not use the study leave, he loses the right to it. If the reasons for the non-appearance of the student for the session are valid (for example, in case of illness), the right to leave is reserved for him.

Students who are left for a repeat course of study for good reasons and did not use study leave for this course are entitled to it if they successfully completed the corresponding curriculum for the second year of study.

8. Holidays are usually granted to participate in the examination session on the number fixed days contract. If the educational institution has allowed the student to perform laboratory work, take tests and exams during the intersessional period, he can use the vacation in installments. The duration of the vacation granted in a breakdown should not exceed the total duration of the vacation for the corresponding course of study established in the academic year.

Students of the last courses of correspondence educational institutions of higher professional education who, according to the curriculum, take a theoretical course in the amount of one semester and participate in one examination session, are granted half the leave.

9. Leave for the period of passing the final state exams is provided, as a rule, at a time. And only when the final exams are held in 2 terms - in parts. But even in this case, study leave should not exceed the duration determined for him by law.

10. When applying article 173 of the Labor Code of the Russian Federation, it should be taken into account that the time of additional leave is paid on the basis of average earnings calculated in the manner established for annual holidays (see comments to article 139).

11. Wages for vacation time are paid before it starts, and not after the return of a student studying at a higher educational institution on the job from an examination session, as is often the case in practice. If a student has not passed all tests or exams, no deductions from his salary are made.

12. As provided for in paragraph 3 of Art. 17 of the Law on Vocational Education, students studying by correspondence, once a school year, the employer organization pays for travel to the location of the higher educational institution and back to perform laboratory work, pass tests and exams, as well as to pass state exams, prepare and defense of the final qualifying work.

13. If students have the right to 2 different vacations in a given calendar year, for example, vacations for taking course exams for the last year and final state exams, travel is paid twice.

The time required for travel is not included in the total duration of the study leave and is not paid.

14. When calculating the 10-month period provided before the start of the graduation project (work) or passing the final state exams, only academic months are taken into account; vacation months (July - August) are excluded from the calculation.

15. The procedure for granting a guarantee in the form of a reduction in working hours during the week (for one day off from work or for the corresponding number of hours off work) is determined by agreement of the parties.

16. Summation of days off from work provided to employees in connection with training, according to general rule not allowed.

Students of educational institutions of higher professional education that train specialists for the fishing industry are allowed for a period of 10 academic months before the start of the graduation project (work) or passing the final state exams to sum up the days free from work and use it at a convenient time for them by agreement with employers ( Order of the USSR Ministry of Higher Education of September 10, 1985 N 636 // Bulletin of the USSR Ministry of Higher Education. 1985. N 11).

At the request of teachers studying in educational institutions of higher professional (pedagogical) education, days free from work are provided to them in total during the vacation period (Decree of the Council of Ministers of the RSFSR of March 15, 1962 // SP RSFSR. 1962. N 7. Art. 39) .

17. The guarantees and compensations provided for in Article 173 of the Labor Code of the Russian Federation do not apply to employees who combine work with education in higher educational institutions that do not have state accreditation. For such workers, guarantees and compensation may be included as an additional condition in employment contracts. For students - employees of organizations, regardless of their organizational and legal forms and forms of ownership, guarantees and compensations can be established in collective agreements and even a higher degree of social protection (for example, additional holidays of a longer duration, instead of leave without pay, provide for leave with pay ).