How to write an application for study leave


(form)
with salary retention

by correspondence

without payment

The law protects the right of workers to education and regulates it with the norms of the Labor Code of the Russian Federation. In accordance with Articles 173 - 176 of the Labor Code of the Russian Federation, specialists who combine work and study have the right to study leave. In its essence, it belongs to the category of additional. General algorithm for registration: the employee writes an application for student leave using a call certificate and submits it to the employer, who issues the order. The state guarantees the employer's payment of the average salary for this period when receiving education for the first time.

Providing study leave

Those people who study and work at the same time can take advantage of this type of social leave as educational leave. The boss must provide this type of time off in the following cases:

  1. If your employee is studying for a bachelor's, master's or specialist degree.
  2. He is taking advanced training courses.
  3. Receives secondary vocational education.
  4. Taking a general training course.

In all these cases, the employer must release the employee to take the exams with mandatory compensation for the time spent.

However, certain conditions must be met.

Terms of service

In order for a student to be released from work to take the exam, the following requirements must be met:

  1. The employee receives a diploma for the first time.
    That is, in the case when a citizen has graduated from an educational institution and wants to learn a new profession there, the person will not be provided with guarantees from the state. IMPORTANT! This rule does not apply if the boss sends you to advanced training courses, according to the employment contract.
  2. When a subordinate works in two places at the same time, leave is provided only in one organization.
  3. The higher education institution has the appropriate permission.
  4. The duration of leave for training is specified in the contract.
  5. This type of holiday can only be obtained if there is a call.

REMEMBER that such a vacation cannot coincide with other types. In case of accidental combination, the main type of day off should be interrupted and postponed.

Registration of study leave

How to apply for study leave at work? You should follow these steps if you want to get free time to take exams:

  1. The employee writes a statement addressed to the manager.
  2. Submits supporting document.
  3. The boss draws up an order.
  4. The accountant issues a note showing average earnings.
  5. Information about study leave is entered into a personal card, personal account and working time sheet.

ATTENTION! Leave is granted in calendar days.

Now, let's talk about the call certificate and the procedure for applying for study leave, what documents need to be provided to the HR department to receive the required leave.

More detailed information regarding the financial issue during study leave is presented in this article.

List of required documents


In order for an employee to be allowed to take exams, he must obtain a summons certificate from the administration of the institute.
To do this, the student shows his grade book.

The certificate that will be given to him must indicate the deadline for passing the session.

Such a document must be submitted to the employer 10 days before the start of the test week.

The certificate has a form approved by the Government and consists of two parts: a call and a confirmation. An official certification document is issued when the student passes the session.

The confirmation certificate is filled out at the educational institution. He must give this document at work in order to prove to his boss a valid reason for his absences.

ATTENTION! You must bring the summons certificate to the HR department: on the basis of it, an order for your leave is drawn up!

The picture below shows an example of a help call for a session:

An employee who wishes to take student leave must write an application. Draw up this document in any form, but adhering to the following points:

  1. In the upper right corner they write the position of the manager, his full name, the name of the organization, the position held by the employee, his last name, and initials.
  2. In the middle is the name of the document.
  3. From a new line, they express a request for study leave within a certain time frame to pass the exam.
  4. The name of the educational institution that is calling you is indicated.
  5. The phrase that you are enclosing a call certificate is written on a new line..
  6. The date is placed on the left.
  7. On the right is your signature.

The first day of study leave must coincide with the date on the summons certificate. A sample application for study leave with pay is shown in the picture below:

And how to write an application for study leave by correspondence, the picture below with an example of an application for study leave by correspondence will clearly show:

How to issue a call certificate

A challenge certificate is a more complex document. Its form was approved by order of the Ministry of Education and Science of the Russian Federation No. 1368 dated December 19, 2013. The certificate states:

  • date of issue and registration number;
  • full name of the employer to whom it is addressed;
  • full name of the educational organization;
  • article of the Labor Code confirming the employee’s guarantees for the duration of training;
  • level of educational program;
  • code and name of specialty, area of ​​study;
  • form of training and course;
  • the stage of learning to which the challenge is made;
  • duration of the training period indicating the start and end dates;
  • full details of the accreditation certificate of the educational organization.

The challenge certificate is certified by the signature of the head and the seal of the educational organization. A special feature of this document is the presence of a tear-off spine, which confirms the employee’s presence at the place of study during the specified period.

Order for additional leave

After the employee has brought the certificate and written a statement, the boss draws up an order. This document can be drawn up in any form or filled out in form No. T-6 approved by law.

There should be the following points:

  1. Order number.
  2. Date of preparation.
  3. Assigned employee number.
  4. Last name, initials of the employee and his position.
  5. On what days will a person not be present at the service?
  6. Total days missed.
  7. Reason for absence.
  8. Basis of the order. This will be the call certificate.

At the end of the document, the manager signs and introduces the employee’s order.

IMPORTANT! The Labor Code of the Russian Federation does not have the concept of study leave, so the order states “additional leave with preservation of average earnings (study leave).”

Sample order for study leave:

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:

  1. Name of the employing organization and name of the manager (indicating the position).
  2. First name, last name, patronymic and position of the employee.
  3. Document's name.
  4. Contents of the statement.
  5. List of attached documents.
  6. 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 many times a year is study leave allowed?

The student will be given paid leave to pass all prescribed sessions. As a rule, this occurs in winter and summer. Also, the legislation (Labor Code of the Russian Federation, Art. 173) clearly indicates the number of days for each session period. So, for those who are studying for a master's degree or specialist:

  • in the first and second years - you can be given up to one and a half months;
  • all others - up to 50.

If you study in colleges or schools, then you are entitled to:

  • 1st and 2nd course – up to 30 days;
  • From 3 to 6 – up to 40 days.

An employee is given 15 calendar days to take entrance exams. To defend a thesis project – 4 months. But the student may not be paid for this time.

How long will they be released?

The specific terms of this type of vacation are regulated by law. The number of days depends on the content of the training stage, the form of education and its level. The employer, by his decision, has the right to increase the rest days for the session and introduce additional incentive payments for success. He has no right to reduce the number of days, reduce or cancel payments.

The table shows the duration of study leave and its payment, ranked by level of education (from highest to lowest).

Form of study Reason for rest and its duration (in calendar days)
Higher education (bachelor's, master's, specialist's)
Part-time or part-time Interim certification (Article 173 of the Labor Code of the Russian Federation):
  • in the 1st and 2nd courses - 40 days per academic year;
  • in subsequent courses - 50 days.
State final certification - no more than 4 months (Article 173 of the Labor Code of the Russian Federation).
Higher (postgraduate, residency, assistantship-internship)
Correspondence 30 days during the calendar year plus the time spent traveling from the place of work to the place of training and back (Article 173.1 of the Labor Code of the Russian Federation).
Admission to defend a dissertation for an academic degree (Article 173.1 of the Labor Code of the Russian Federation, clause 2 of the Rules for granting leave):
  • candidate of sciences - 3 months;
  • Doctor of Science - 6 months.
Professional secondary
Part-time or part-time Interim certification (Article 174 of the Labor Code of the Russian Federation):
  • in the 1st and 2nd courses - 30 days per academic year;
  • in subsequent courses - 40 days.
State final certification - no more than 2 months (Article 174 of the Labor Code of the Russian Federation).
General basic
Part-time State final certification - 9 days (Article 176 of the Labor Code of the Russian Federation).
Overall average State final certification - 22 days (Article 176 of the Labor Code of the Russian Federation).

Other Important Points

What other rights and benefits are available to those who are studying by correspondence? Labor Code of the Russian Federation in Art. 173 guarantees:

  1. Before the final assessment, an employee has the right to ask for a shorter working week. The time spent performing professional duties can be reduced to 7 hours a day. This will last up to 10 months before the exam.
  2. During the reduction in working hours, the employee will receive 50% of his earnings, but not less than the established minimum.
  3. By agreement, the student can receive 1 free day per week instead of reducing working hours by an hour.
  4. Once a year, the company in which the student works must pay for his round trip travel.

Denial of leave

When do they have the right to refuse paid leave?

  1. If an employee studies at two institutes at once, he will only be paid for passing exams in one of them.
  2. When a student combines several jobs, he is entitled to paid leave only in his main service.

ATTENTION! If a student does not keep up with his education, then to retake he will have to spend his personal time, which the employer will no longer pay for. In this case, you can try to negotiate administrative leave or time off towards annual leave.

Vacation pay is calculated based on the average earnings of a student employee. Payments are made 3 days before the start of the session in the entire amount at once. If holidays occur during exams, such leave will not be extended.

The manager cannot deny you a student leave if this is not specified in the Labor Code, or force the employee to take exams at the expense of the annual one. This is contrary to current legislation. If these rights are violated, you should contact a lawyer.

Legislation


The fact that the employer is obliged to provide additional leave to subordinates who combine work with study is stated in Chapter. 26 of the Labor Code of the Russian Federation. Compliance with this requirement is not affected by whether the employee himself decided to study or was sent by the enterprise.

This period of time can be paid or taken as leave without pay. It all depends on the form of training. If it is part-time or part-time, then payment will be provided, but with full-time study, the vacation is taken at your own expense. Studying at the initiative of the supervisor is paid in any case.

There are other nuances according to which an employer may refuse to attend a training session during working hours.

Condition of receipt

Not all employees of the company are entitled to study leave. Only students who meet the following points have this right:

  • Key employee.
    The enterprise is the main place of work. According to Part 1 of Art. 286 of the Labor Code of the Russian Federation, an institution where an employee works part-time is obliged to provide only annual paid leave in parallel with the time of rest from the main job. Labor legislation regulates the provision of leave only at the student’s main place of employment.
  • Completing training at an educational institution of a certain level for the first time. For example, if a person graduated from a technical school, paid leave is possible only if he studies at the institute as a correspondence student.
  • When studying at 2 universities in parallel, an employee can take leave for the duration of the session at only one. The choice is his.
  • The training program is confirmed by state accreditation.
  • The previous session must be passed without “tails”. As confirmation, the company is provided with a summons certificate.

If at least one of the above points is not observed, the manager may not allow the subordinate to take tests and exams.

IMPORTANT! The boss cannot require a subordinate to write an application for basic leave or time off for correspondence training.

Such a situation could turn into a trial for him , the outcome of which most likely will not be in his favor.

Next, let's talk about the rules for applying for student leave.

Rating
( 1 rating, average 5 out of 5 )
Did you like the article? Share with friends:
Для любых предложений по сайту: [email protected]