Study leave or student leave, as it is sometimes called, is the right of the employee, enshrined in the Labor Code of the country. According to the law, everyone who for the first time receives education and studies at the correspondence department has the right to paid leave for the period of exams, lectures, and also in preparation for the thesis. However, there are certain limits and comments. How is study leave calculated? Its calculation is based on the average employee wage. However, when calculating paid days, certain subtleties must be taken into account.
What is study leave
Before you understand how to calculate your study leave, you need to find out what it is. This is a type of vacation that is optional. It is provided to employees combining study and work. The Labor Code regulates payments and the provision of additional leave: Articles 173-176.
The employer is obliged to provide the employee for the period of the session not only the exemption from work with the preservation of the workplace, but also payment for average earnings. It also implies the timely payment of due vacation pay.
What the law says: articles and excerpts
According to article 173, workers who receive higher education have the right to study leave, and it does not matter whether they are undergraduate or specialty. According to article 174, those who receive secondary vocational education, that is, technical schools or colleges, also enjoy this right. And article 176 emphasizes that students who receive secondary general education are also entitled to paid leave.
Does it make any difference what kind of training an employee has? Surprisingly, there is. Study leave is provided to all those who receive this education for the first time. However, with full-time education, vacation days are not paid. That is, during the absence, the employee simply retains his workplace, but without payment.
Study day limits
Despite the fact that the educational institution can issue a certificate-call for a different number of days for vacation, there are certain limits for payment. So, according to the legislation of the country, for those who graduate, the following rules exist:
- no more than 40 days a year for first and second year students;
- no more than fifty - for all other courses of study;
- four months - for the preparation of the thesis.
However, you should not think that the employee will be forced to sit in the workplace while the rest pass exams. This limit applies to payment. That is, by reference-call, an employee can officially take unpaid leave. But it is about getting the first education.
How to arrange study leave: a list of documents
How is study leave calculated? Based on all documents. To begin with, the employee must write an application for the provision of this type of leave, attach a certificate-call from the institution to it. These documents must be transferred to the personnel department. Specialists issue an order in the form of T-6, on the basis of which an accounting note is made in accounting.
This begins the work of accounting. The terms of payment for study leave are not regulated by law, but it is assumed that the employee will receive vacation pay before it begins. However, after the session, he is obliged to provide confirmation of his presence in the educational institution. If this document is not available, then the company has the right to retain vacation pay.
Payment on average: how to calculate
How do vacation pay for study leave work? As in the case of the annual next vacation: on average earnings. For the billing period take twelve months. If the employee in the company recently, then take as many months as the employee has already worked. That is, if an employee came to the employer in June, and his vacation took place in October, then the following months are taken for calculation: June, July, August, September, that is, only four. If he had twelve months fully worked out, then in the billing period there were months from October to September.
When calculating, the employee’s salary is taken into account, minus one-time bonuses, material assistance or compensation payments. Also, the calculation does not include the average payment amount, that is, payment of rest days to donors, amounts for regular and additional holidays.
Moreover, the number of days worked each month is equated to the number 29.3. this is exactly the average value of each month. However, if the month is not fully worked out, this indicator decreases. But it is worth noting that when an employee is absenteeism during this period, the coefficient remains full, equal to 29.3 days.
Calculation example, with a fully worked out billing period
How is study leave calculated for external students if they have worked all year? Everything is quite simple here, but it is worth analyzing the calculation using a specific example.
An employee has been working in the organization for more than a year. He entered a higher educational institution, received a certificate-call for ten days, from the tenth of September, to undergo intermediate certification. Now the employee writes a statement on the granting of study leave to him, applies a certificate-call. On the basis of the order, certificate and note-calculation according to the established formula, the employee is calculated vacation pay. Vacation is granted from September 10th to 19th.
Concrete calculation example
The calculation period is twelve months: from September 2017 to August 2018. Suppose the first two months an employee received thirty thousand rubles. Since November 2017, his salary has increased to 35,000 rubles. He was once given material assistance in December 2017 by the New Year (one thousand rubles). All months are worked out by the employee in full.
In this case, the amount of earnings for calculating the vacation is: 30,000 * 2 + 35,000 * 10 = 410,000 rubles. Material assistance is not included in the calculation of the average.
How is study leave calculated further? It is necessary to calculate the number of days in a year accepted for calculation. Since this employee worked without absenteeism, sick leave, and so on (full months), this figure is: 29.3 * 12 = 351.6 days.
Thus, for one day of vacation, the employee must receive: 410,000 / 351.6 = 1166 rubles 10 kopecks. For the entire vacation, that is, for ten days, he will be credited 11,661 rubles. They pay vacation pay less tax and other mandatory deductions. This example clearly shows how the payment of study leave is calculated with a fully worked out billing period.
If the year is not fully worked out
It’s a little more difficult to understand how the payment of study leave is calculated if there were holidays or sick leave in the billing period. However, everything becomes clear if explained by a specific example.
Suppose an employee of an organization has worked at the enterprise for four months since May 2017. In September 2017, he brought a certificate-call from a higher educational institution for five days, in connection with passing the intermediate certification. In June 2017, the same worker was on sick leave (duration - five days). This fact confirms the disability certificate. And in August, he took one day at the request of the donor. How to calculate the vacation pay in this case? You need to find two indicators: directly the sum of all payments that go into the calculation, as well as the number of days required to determine the amount of vacation pay.
How to calculate a vacation
May 2017, the employee worked out completely, that is, 29.3 days, the salary amounted to 15,000 rubles.
June worked out partially. So, they calculate the indicator of days. For this we need the formula: X * 29.3, where X is the number of days of the month minus non-working). Then the indicator is divided by the number of days of the month. That is, for this example, the calculation has the following form: (30-5) * 29.3 = 732.5. We divide this figure by 30 days. The ratio was 24.42 days. The amount, net of disability benefits, amounted to 12,000 rubles.
August is also not fully worked out. So: (31-1) * 29.3 / 31 = 28.35 days. The salary, net of payment for one day, is 13,500 rubles.
July worked out completely - 29.3 days. Salary - 16,000 rubles.
This means that the amount for calculation is 15,000 + 12,000 + 13,500 + 16,000 = 56,500 rubles.
Number of days: 29.3 + 24.42 + 28.35 + 29.3 = 111.37.
Thus, the amount for one day of vacation was: 56,500 / 111.37 = 507 rubles 32 kopecks, and for the entire vacation period, that is, for five days, 2536 rubles 60 kopecks. This benefit is paid minus thirteen percent.
What is the difference between study leave and the next
How to calculate the amount of study leave is now clear. However, what are the differences between the main and this type of additional leave? It is worth remembering that when another vacation falls on holidays, it is extended. That is, a holiday does not count towards vacation pay, it is not paid. As for study leave? It does not extend. That is, it does not shift on holidays.
How to calculate vacation pay for study leave, if it coincides with the sick leave? Here the employee will have to choose. If in the case of the next employee has the right to extend the leave according to the certificate of incapacity for work, then there is no such right with a student. This is the main difference between this type of vacation.
Many workers manage to combine work and education. For this reason, the law firmly stipulates the possibility of obtaining additional leave, which is called academic or student. It is provided to the employee on the basis of a certificate-call from an educational institution. Also, the employee must write a request to issue him this type of vacation. However, this is only possible for those who receive their first education at this level. If an employee already has a secondary education, and he is going to get a higher education, he can safely count on receiving study leave. How is study leave calculated? As well as the main one, that is, taking into account the average wage. There are many similar points related to paying for both types of vacations. However, differences are also present. It is worth noting that for the billing period they take 12 months preceding the start date of the study leave. After the session, the employee must provide a certificate confirming that he was in the school.