Rules for writing an application for study leave with pay and without salary – samples for downloading

(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.

When is study leave due?

The specifics of providing guarantees related to training are regulated by Articles 173-176 of the Labor Code of the Russian Federation. Chapter 26 of the Labor Code is dedicated to them. Familiarize yourself with them to establish the right relationship with employer and employee. We list the main conditions for granting paid student leave from work (in the cases specified in the Labor Code of the Russian Federation and for a certain duration):

• the educational institution in which the employee is studying must have state accreditation;
• the employee receives education at this level for the first time;
• the form of study is part-time or part-time; full-time study time is not paid, but exemption from work is provided;
• success of the educational process.

Some leaves are provided without pay and subject to the listed conditions (for example, for passing entrance exams).

The Labor Code of the Russian Federation does not directly regulate the connection between a student’s specific academic achievements and the provision of a paid vacation period, limiting itself to reference to the success of the educational process. According to commentators and experts, the challenge certificate is such a confirmation that unsuccessful students are not allowed to attend the session. Receiving a summons certificate guarantees the implementation of the guarantees provided by law; the student employee has the right to write an application immediately after receiving it.

The employer, if there is good will, enshrined in an employment or collective agreement, has the right to provide a vacation period, even if the listed conditions are not fully met.

Terms of service

This type of leave can be taken out at work for those who (under Articles 173, 174, 176 of the Labor Code):

• receives higher education;
• specialized secondary;
• or general (in evening form);
• studying in graduate school;
• enrolls as a master, specialist or bachelor;
• specialized secondary.

But it is necessary to comply with some more conditions described in Article 177 of the Labor Code:

1. The employee has not previously received education at this level .
2. The educational institution has state accreditation .
3. This company is the main place of work .
4. There must be a help call .
5. The duration of the vacation is no more than indicated in the Labor Code .
6. Part-time students are not entitled to study leave. But they can go unpaid for the same time . To do this, they will need confirmation that they have been granted student leave at their main place of work. For example, a copy of a vacation order is used in this capacity.

If this is included in the employment or collective agreement, the employer can give leave in other cases:

• This is not the first time that an employee has received this level of education.
• The institution is not accredited.
• It is also possible to increase the duration.

There are situations when an employee studies in two directions at once . Then the guarantees apply only to one of them. The choice is made by the student himself.

You can read more about granting study leave here.

Watch a video about granting student leave:

What documents are needed

There are only two of them:

1. A written request for release from work.
2. Help-call from the educational institution.

You write the application yourself, there is no need to rack your brains about how to correctly write an application for study leave, there are no strict requirements for it. The main requirement is to provide a call certificate and indicate specific dates. The appeal is written in any form addressed to the head of the enterprise or organization. Let us remind you that paid time off from work in connection with training is provided only by the main employer.

The invitation certificate is issued by the university and handed over to you or sent by mail.

ConsultantPlus experts have sorted out how to arrange and pay for study leave. Use these instructions for free.

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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).

Order

After the application is accepted, an order is issued to grant leave in the T-6 form. It contains the following information:

• Name of the organization.
• Date and order number.
• Full name of the employee, his position and structural unit.
• The column “for the period of work” is not filled in, since in this case it does not matter.
• In the line for additional leave, “study” is written.
• Start and end dates.
• Duration.
• Personal signature of the manager with a transcript and indication of the position.
• Employee's signature confirming familiarization.

Sample of filling out an order:

Student leave is not included in the schedule , so it may coincide with the annual one. In this case, the latter is extended or postponed to another time (according to Article 124 of the Labor Code).

There are no restrictions on the number of vacations per year. But it is necessary that the total number of days does not exceed the established Labor Code for a given case.

It depends on the form and place of training. “Evening students” and “correspondence students” are allocated the following for their studies:

1. 40 days in the 1st and 2nd courses;
2. 50 days on the next;
3. up to 4 months – for final certification.

Full-time students are entitled to:

• 15 days for intermediate certification;
• 1 month for passing state exams;
• 4 months to prepare and defend your diploma.

For secondary vocational education, 1 month is allotted , for evening schools the periods are short - 9 days in the 9th grade and 22 in the 11th and 12th grades. Future candidates of science are allocated up to 3 months to prepare and defend their dissertation.

How is it paid?

There is no point in writing an application for study leave with pay to the head of an organization whose work is not your main one. This is regulated by Art. 287 Labor Code of the Russian Federation. Your permanent employer is obligated to keep your wages. The procedure and some details of the amount of payment are regulated by law. Once a year they are paid for travel to and from the educational organization.

The employer for whom you work part-time has the right only to consider providing you with days at his own expense.

IMPORTANT!

If you are receiving higher education for the first time, travel is paid in full, and secondary vocational education is 50% of the cost.

How to make an application

According to the rules of office work and the norms of the Labor Code of the Russian Federation, it is recommended to include standard details and a link to the application - a certificate calling for a session. It is recommended to distinguish three parts: introductory, or header, main and final (list of attachments, signature, date). The header indicates the addressee - the manager, the name of the organization, position and surname and initials of the student employee. The main part begins with the phrase “I ask for study leave”, followed by an indication of the required period of release from work.

Possible mistakes:

• lack of clearly stated dates of absence and indication of duration in calendar days;
• absence in the document of the details of the call certificate and the attached form itself.

How to submit an application

The document must be handed over to the employer in person. The application deadlines are not strictly regulated. It is advisable to do this 3 days before the start of the session. The recommended period for paid leave is 2 weeks.

Sample application for student leave 2022:

Documentation of sending an employee on study leave

The basis document for sending an employee on study leave, as well as for him to receive other guarantees and compensation related to combining work with training, is a summons certificate, the form of which is approved by Order of the Ministry of Education and Science of the Russian Federation dated December 19, 2013 No. 1368. It is worth noting that this The certificate form was introduced in 2014 and immediately replaced two forms of challenge certificates, which were previously used separately for registration of studies in higher educational institutions and separately in secondary specialized educational institutions.
In 2015, the specified form of certificate-call was updated by orders of the Ministry of Education and Science of the Russian Federation dated 03/02/2015 No. 134, dated 05/26/2015 No. 525.

The challenge certificate issued by an educational institution consists of two parts: directly from the challenge certificate and the tear-off spine for it. If an employee does not provide the employer with a completed form confirming his actual presence at an educational institution during the period of study leave, he may lose the right to the next study leave. On the page we will provide a sample of the call certificate.

After presenting the summons certificate to the employer, the employee must write an application for leave. The application can be prepared in the following form.

After the head of the institution approves the application, an order is issued to grant the employee leave. The accountant accrues vacation pay based on such an order. To do this, he fills out a note-calculation on calculating average earnings when granting leave, dismissal and in other cases (f. 0504425), and then information about study leave is entered into the employee’s personal card.

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.

Can an employer say no?

If the employee has used the correct example of an application for study leave and has a certificate of invitation to study from an educational organization accredited in accordance with the law, the employer does not have the right to refuse to grant leave. The presence of a summons certificate is a sufficient basis for receiving days off from work to take the exam. This applies to both paid and unpaid rest days at the expense of the enterprise (organization). The employer does not have the right to refuse, citing the following “popular” reasons:

• you are on probation;
• You did not warn when applying for a job that you would combine work with education.

Errors when drawing up an application

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

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

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