How to write an application for study leave in absentia and what does the summons certificate look like?

Filling out an application for study leave is a necessary part of the procedure for taking leave for an employee undergoing training. Every employee has every right to combine work and study - this norm is established in the Labor Code of the Russian Federation, and this does not depend in any way on whether he works in public sector institutions or a private company.

Leave can be granted to students of secondary and higher educational institutions, evening schools, as well as those receiving postgraduate education.

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How long can it last

The duration of study leave can vary: from several days to two and a half months. It all depends on the educational institution and the form of education. For example:

• upon delivery of state examinations in institutions of secondary professional level, a vacation of no more than one month is provided;
• for passing final exams in the ninth grade of evening schools - up to 9 days, in the 11th and 12th grades - up to 22 days;
• final year students of universities can get 50 days to pass the session, exams or study.

This information can be found in detail in the Labor Code of the Russian Federation.

During study leave, the employer cannot deprive the student of his job (dismiss) (except in cases where the organization is completely liquidated).

For the entire period of the educational process, the employee retains his workplace and working conditions.

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.

Exceptions and limitations on the right to payment

Study leave is the responsibility of the employer, but there are some nuances:

• In particular, students and students of private higher educational institutions, as well as those who are acquiring more than their first professional education (including if the employee wants to obtain a bachelor’s or master’s degree - this is already considered a second higher education) cannot apply for compulsory paid study leave ).
  The subtlety here is that the employer must give vacation, but no longer pays for it. The student’s academic performance also plays a role - to receive paid leave, he should not have any “tails”.
• People working on a part-time basis are not entitled to compensation for study leave; such paid study leave can only be provided to them where they are on the main staff.
• There are also restrictions for students of two or more educational institutions - here the student can choose to take exams in which of them (only one) he wants to take study leave.

Sample certificate

Each educational organization must use a single form of certificate-call, which is described in the relevant Order of the Ministry of Education and Science of the Russian Federation.

To correctly draw up the document, you must fill out information on all required items:

1. Details – document number, date of its execution.
2. The name of the employer is indicated according to the student himself (if necessary, the company provides the appropriate certificate). If the employer is a private person, you must enter his full name.
3. Justification for granting additional leave - this refers to a specific article of the Labor Code, according to which the student must be released from work for some time (the full list of articles is given below).
4. Form and course of study (any employee has the right to leave, including those studying by correspondence, at a commercial university, etc.).
5. Type of certification due to which the employee will be absent from work (current exams - session, entrance exams, certification, etc.).
6. The start and end date of leave, as well as the total number of calendar days that the employee will need.
7. Full name of the educational organization.
8. Data on the accreditation of the institution - details of the certificate, as well as the name of the program, direction, etc. This field is not filled in in the following cases:

• the program is not accredited (then the employer decides whether to provide leave or not);
• the employee takes exams for admission;
• The employee is undergoing training courses to obtain higher qualifications.

1. Full name, position, signature of the manager or his deputy who has the right to sign.
2. Seal of the institution.

A certificate issued in accordance with these rules looks like this.

All the above information is filled out in the main part of the certificate. However, the document also has a detachable fragment - a “spine”, which is filled out at the end of the session or other events in which the student took part. This part indicates:

• Full name of the student;
• full name of the educational organization (written in the prepositional case);
• dates during which the student took the session: it is important to indicate the actual dates, which sometimes may differ from the originally planned dates;
• Full name and signature of the head of the educational organization;
• seal of the institution.

Both the main part and the detachable part remain for storage with the employer. At his request, the employee can make copies of this document or ask for the certificate to be issued in 2 original copies (if he works part-time at 2 jobs).

Key points when making an application

Today, an application for study leave does not have a unified template, so employees of enterprises and organizations have the right to write it in any form or according to the company’s internal template. In this case, it is necessary to follow the norms of office work in terms of the structure of the document, and also take into account the rules of the Russian language.

Despite the fact that the application can be written in free form, there is a number of information that must be indicated in it:

• name of the enterprise where the employee works;
• Full name of the director of the enterprise (or other employee authorized to act on behalf of the director);
• date of document preparation;
• You should also indicate the type of leave (in this case, educational), with or without salary;
• vacation period (start and end dates) - based on the call certificate;
• name of the educational institution where the employee is studying.

In the future, based on this application and the attached summons certificate, the head of the enterprise must issue an appropriate order to grant leave, and the personnel officer must enter all the necessary information into the employee’s personal card.

List of documents for granting study leave

Russian legislation provides guarantees for students employed at enterprises (Federal Law 12/29/2012 “On Education in the Russian Federation”). Based on the Education Law, young professionals have the right to combine study and work.

To obtain study leave you will need two documents:

• employee statement;
• certificate-call for a session.

Based on the summons certificate, management issues leave to the student employee to take the exam. Study leave can be paid or unpaid. This is influenced by the form of training and the reason for the challenge (Articles 173-177 of the Labor Code of the Russian Federation).

Important! If a student employee goes on study leave, the manager does not have the right to recall him in the middle of his term, even if there is an urgent production need for this. Also, the vacation period cannot be shortened for the same reason.

If a student requires treatment during study leave, the company will not pay for sick leave, nor will the vacation period be extended by the number of days the employee was sick. The two types of leave cannot be superimposed on each other due to the fact that study leave is given solely for passing examinations.

In addition to the summons certificate, the student worker must submit an application to the director with a request to issue a study leave. Documents are submitted to the HR department in advance. The HR department employee and the accounting department have three days at their disposal to have time to prepare the employee’s vacation documents and pay for it (Article 136 of the Labor Code of the Russian Federation). It turns out that the application with the call must be submitted at least four days before the expected date of going on vacation. If, due to the fault of the employer, there is a delay when the student employee does not receive the vacation and necessary documents on time, then the management will be responsible for this.

It happens that the session dates may be postponed or there are malfunctions in the mail, then through no fault of the employer, study leave may be issued late. The law does not describe such an incident, since the reason for the vacation is actually provided on the day it begins. In this case, management decides independently when to pay vacation pay. In practice, it often happens that these funds are credited on the next day of payment of wages. And the student employee himself is released for the session, guided by the dates on the call.

What to pay attention to when applying

There are no special requirements for both the descriptive part of the application and its design: it can be written by hand (with a ballpoint pen of any dark color) or printed on a computer. For the application, you can use an ordinary blank sheet of paper or the organization’s letterhead (if so required by the employer).

The only rule that must be followed unconditionally: the presence of a “live” signature of the applicant (the use of facsimile autographs, i.e. printed in any way, is unacceptable).

The document must be written in two copies :

• one should be given to the secretary of the organization or a personnel specialist for subsequent affixing of the director’s resolution on it,
• keep the second one, having first endorsed the receipt of a copy from the employer’s representative.

Issuance of an order

An order for student leave is a document giving the employee the right to be absent from his workplace within a specified period. With its help, the manager confirms his consent to granting leave for the employee to undergo training.

An order can be drawn up in any form or by filling out the unified form T-6 (Resolution of the State Statistics Committee of the Russian Federation dated January 5, 2004 N 1). The main thing is that the administrative document contains the following information:

• registration number and date of the order;
• employee's personnel number;
• his full name and position;
• period of absence from work;
• number of vacation days;
• reason for absence (type of leave and clarification of payment);
• basis for the order (call certificate No. and date);
• manager's signature and seal;
• signature of the subordinate that he has read the document.

IMPORTANT! The entry in the order should be as follows: “additional leave with preservation of average earnings (study),” since the Labor Code of the Russian Federation does not contain the expression “study leave.”

Sample certificate of call for session 2021

Study leave is issued if there is a reason, which is a summons certificate. It is this document that will confirm the legality of the employee’s absence and the employer’s registration of leave.

When drawing up a document, it is necessary to adhere to the current requirements of the law, since at the time of writing the article changes could have been made to the procedure in question.

The certificate is issued to the employee personally at the place of training. Next, he must provide its original to the personnel department of his enterprise.

Since the employer may not want to let you go to study, it is advisable to resort to mail or transfer the document according to the act. Thus, the company will unconditionally accept the request for help.

When is it issued?

The rules for issuing a call certificate are set out in detail in the Labor Code of the Russian Federation, which is in effect with amendments that are valid for 2022. Articles 173-177 of the Basic Labor Law of the Russian Federation establish an exhaustive list of conditions that must be met when receiving study leave.

A challenge certificate is issued by an educational institution if the student is studying:

• by correspondence courses;
• evening classes;
• in a state-accredited institution (level of education does not matter);
• at a fairly successful level;
• receives this type of education for the first time.

A certificate can be issued to employees to pass:

• intermediate certification;
• final certification;
• defense of final work.

To obtain a certificate of call for a session, it does not matter whether the employee is sent for training by the employer himself or receives education on his own initiative.

The organization is not obliged to provide leave if, for example, the employee receives a second higher or secondary education, or works on an external part-time basis.

If a student is studying at two institutions simultaneously, then study leave can be granted only at one of the institutions.

When an employee is sent to study by the organization itself or by an individual entrepreneur, then the issue of granting leave should be resolved in favor of the working student.

Study leave can be assigned immediately before or after the main one, however, the employer has no direct obligation to combine two leaves.

More favorable conditions for a working student may be provided for in a collective agreement or labor agreement.

If these conditions are not met, you can still go on study leave if:

• there is the consent of the employer;
• this is provided for by the provisions of the employment or collective agreement.

The employer does not have the right to force an employee to go on study leave at the expense of the main vacation, at the expense of holidays or compensatory days.

If this does happen, it is necessary to ensure that a certificate is delivered to the employer according to the acceptance certificate or send it by mail. In this case, you can apply for protection of your rights to the Labor Inspectorate or to court.

How many times a year can you go there?

The Labor Code clearly defines the terms of session periods (Article 173). The table below shows the deadlines for passing the session on paid leave.

Now you know how to apply for study leave at work.

Features of registration of a call certificate for a session

It is worth remembering that, having received the certificate, you should not hesitate and provide it at your place of work, preferably on the same day. This is necessary for the timely launch of the procedure and financial calculations. At the same time, you need to understand that there are no strict deadlines provided by law.

Study leave is subject to payment in accordance with the Labor Code of the Russian Federation. All payments must be made at least three days before the start.

In most cases, the document under consideration is prepared two weeks before the session. During this period, provided the employer is notified in a timely manner, the company may have time to approve, prepare an order, and make accounting entries.

There are also cases of absenteeism from the examination session. For example, if an employee decides to take advantage of vacation to achieve personal goals. This is unconstructive and can lead to negative consequences in relations with both the university and the employer.

Receiving a refund of funds paid by the employer is possible only in court, if you have the original certificate of summons for the session.

Why and who needs permission

A self-isolation regime has been introduced in all constituent entities of the Russian Federation due to the coronavirus pandemic. Regulatory acts at the federal and regional levels provide for the opportunity to leave a place of self-isolation (house, apartment, dacha) if a citizen has a new form of pass during quarantine to go to work or for personal matters.

In most regions, the authorities have figured out how to issue separate permits to leave for personal matters and for going to work. To visit a court, bank, or other institution, a person takes a pass on the website of the municipal authority or fills out an application and receives a special QR code that allows him to leave his place of residence (stay).

If citizens continue to work taking into account the norms of Presidential Decree No. 206 dated March 25, 2020 and Presidential Decree No. 239 dated April 2, 2020, they will need certificates from the employer in case of coronavirus, allowing them to move freely around the city.

IMPORTANT!

The presidential decrees state that they do not apply to government officials and the media. Therefore, there is no special pass for the duration of quarantine for internal affairs officers, journalists, and civil servants, but provided that the employee has an identification card. If it is not there, a permit will have to be issued.

The legislation specifies cases when the ban on leaving houses and apartments does not apply. The list includes situations when it is necessary:

• receive emergency medical care;
• buy medicines, food products and essential goods (what they include is listed in Government Order No. 762-r dated March 27, 2020);
• go for a walk with your pet (walking distance is limited to 100 m from your place of residence);
• leave the premises due to an emergency (fire, smell of gas, earthquake, terrorist attack).

Read more: 4 steps for an employer to organize a non-working week

Sample and order of registration

The text of the challenge certificate and its appearance were approved by order of the Ministry of Education and Science of the Russian Federation No. 1368 dated December 19, 2013 (as amended on May 26, 2015).

A sample of a standard form for a call for a session and defense of final work is as follows:

Download an up-to-date sample of a letter of invitation for an examination session for study leave - word.

Information to fill out specified in the help form for calling for a session:

• day of issue and serial number;
• full name of the employer;
• number of the article from the Labor Code of the Russian Federation giving the right to student guarantees;
• surname, name and patronymic of the subordinate (dative case is used);
• the employee's training form and course number;
• stage of training that provides the right to receive educational guarantees (defense of a thesis, intermediate or final examination session);
• duration of study indicating the beginning and end in exact dates, the total duration of study leave;
• name of the university or university;
• data on the state accreditation certificate and the name of the body that issued it;
• the level of training received by the employee;
• code of the employee’s future specialty, its name.

The certificate is signed by the director (rector) of the educational institution, an authorized person, and certified by the seal of the university.

The study leave call form is issued to students who have no debt in all disciplines of the training program.

The tear-off stub of the summons certificate is a confirmation that proves to the employer that the employee was in an educational institution for a certain period of time, and is brought to the organization’s accounting department after completing the training program.

How to submit a document to the employer?

The fastest and most convenient way to submit a certificate of challenge for a session or defense of a final work is to hand the document personally to a representative of the organization. However, this delivery method is not always possible, so additional forms delivery options are provided.

The document is guaranteed to reach the addressee if sent by the postal service. It is recommended to use a valuable letter with a list of contents attached and receipt of receipt.

Important! An electronic version of the challenge certificate sent to the organization’s e-mail address is not a reliable and suitable method of submission.

First, there is no confirmation that the recipient actually noticed the email. Secondly, the employer will not have the original certificate with the signature and seal of the educational institution, and therefore the manager has every right to refuse to grant time off.

Submission deadline

The deadline for providing the employer with a certificate of call for training is not specified by law; a subordinate can submit it even on the eve of vacation.

But the most correct option would be to notify the manager and accounting department 14 days before the session. This is done to plan the replacement of a temporarily absent specialist, as well as to make the necessary payments to the employee.

The employer must pay for study leave at least 3 days in advance. In order for the personnel department to have time to issue the order and for the accounting department to carry out the calculations, it is necessary to ensure the timely submission of the summons certificate.

Sometimes the employer prescribes the notice period in a local document; it is necessary to clarify in advance whether such foresight is present on the part of management.

Providing study leave

Student leave is not always granted to an employee who combines work and education. The right to additional rest is subject to special training conditions:

• the form of education is not full-time (full-time);
• the educational institution has passed state accreditation;
• education in the chosen direction occurs for the first time.

When all criteria are met, the employer does not have the right to refuse leave.

Together with a certificate of invitation to the session from the institute, the employee fills out an application requesting study leave. But this document is not mandatory; its absence does not serve as a basis for refusing to provide apprenticeship guarantees to an employee.

Based on the submitted documents, the employer issues an order to provide additional (student) leave in the T-6 form. The order also indicates whether this vacation is paid or not. The employee must include his or her introductory signature in the document.

Important! It is unacceptable to require an employee of an organization to take annual leave during a student period or to take time off for previously worked time.

Otherwise, proceedings between a subordinate and a manager may end up in court, where the latter is unlikely to take a winning position.

You should know that:

• while studying at two institutes at the same time, leave is granted at the employee’s request only to one institution;
• You can only count on rest for your main work activity.

The number of vacation days is prescribed in the summons certificate and is proportional to the level of the training course:

• sessions in the 1st and 2nd year - 40 days for higher education, 30 days for secondary education;
• sessions for the 3rd and subsequent courses - 50 days for higher and 40 days for intermediate;
• state exam and diploma - 4 months.
• This duration is accompanied by the preservation of earnings. Articles 173, 173.1 and 174 of the Labor Code of the Russian Federation also provide for cases of providing student days off without pay; you can read more about this in the article - How many days of study leave can you demand at work?