Academic leave at work: the procedure for registration, conditions and requirements, help and advice from lawyers

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

You can't take academic leave from work. However, usually, when looking for an answer to this question, they actually mean not academic, but student (study) leave. It's just a change in concept. Below we will understand what is the difference between them.

What is a sabbatical?

In simple terms, academic leave or, as students say, “academic” is the right of a student to interrupt the educational process for a certain period, which cannot exceed 24 months. Academic leave cannot be taken at work - it is provided by the educational institution, not the employer. Such a right to students gives paragraph 12 of Art. 34 of the Education Act.

A person who takes an academic leave continues to be considered a student of this educational institution and enjoy the corresponding privileges, such as preferential travel on public transport. However, he cannot take part in the educational process.

Grounds foracademic leave

The circumstances on the basis of which students of technical schools, universities and colleges are granted this right are determined by the Ministry of Education and Science, and specifically by order No. 455 of 2013-13-06:

• medical indications - the presence of a disease that prevents further education will have to be confirmed by a doctor's opinion and provide all related certificates;
• family circumstances - this includes pregnancy, leave to care for a sick child or a close relative - the grounds will also have to be confirmed by documents: any paper that has legal force will do - a certificate from a gynecologist, a relative's medical card, a certificate from a doctor that the patient is sick needs care;
• conscription for military service - you will need a summons from the military registration and enlistment office indicating the place and period of service;
• exceptional cases - the death of one of the close relatives: mother, father, brother, sister, grandmother or grandfather; internship abroad and others.

Academic leave can be taken as many times as you like. As a rule, its period is 1-2 years. Later, the vacation can be extended, but you will have to re-submit all documents for confirmation.

Keep in mind that, just like at work, no one will sign an application for academic leave without good reason. The last word in this matter remains with the rector.

Is it always beneficial to take a sabbatical?

Do not always take "academic" -optimal output. For example, at the birth of a child, lawyers do not recommend taking academic leave. At work, you can go on maternity leave. But in order not to lose your place of study, it is more profitable to take parental leave - this possibility is also provided for by law.

Only in this case, the young mother will receive social benefits. Let this not be a lot of money, but it will obviously not be superfluous. And during academic leave they don't even pay a scholarship.

The advantage of "academics" is that you won't have to pay for tuition during this period, and the student retains his place. Later, he will be able to continue his education from the semester he left off.

By the way, in many educational institutions there is an unspoken rule: academic leave is provided only after passing the intermediate session. This is convenient for the student and teachers: you do not have to continue studying from the middle of the semester.

Also, one should not take the "academic" as an opportunity to "slope" from conscription for military service. During the period of academic leave, the student loses the right to deferment from the army. If, according to the conclusion of the medical commission, he is recognized as fit, then the "academician" will go to serve.

However, there are situations when you cannot do without a break in your studies. For example, it is not easy for a full-time student to get a job. After all, most of the day is occupied by training. And it is unprofitable for the employer to hire an employee for several hours a day. A situation arises when a student is forced to interrupt his studies due to a difficult financial situation.

Help foracademic leave from work will confirm the availability of a workplace assigned to the employee. The dean's office may consider this as a basis.

Only the difficult financial situation will also have to be confirmed: provide certificates of parents' salary, a certificate from the social security fund on recognizing the family as low-income, an application for academic leave from work and other documents confirming the availability of a job and the need to work. How to document this? What other documents are needed, for example, from work?

Application for academic leave: sample

To take an “academic”, you will have to write an application addressed to the head of the educational institution and attach all supporting documents. These include a certificate from work for academic leave (a sample can be taken at an educational institution), extracts from medical documents and others. The application and documents must have legal force, i.e., be correctly executed. A sample application is presented in the photo below.

The final decision remains with the administration of the university or college. It must be accepted within 10 days from the date of application.

The "iron" reasons for academic leave, as a rule, are:

• conscription;
• pregnancy and childcare;
• medical indications.

The more convincing the evidence presented, the higher the chances of getting a break and keeping your place of study. Attach all available medicalcertificates, an application for academic leave from work, documents proving the illness or death of a close relative.

By the way, students of the commercial department are exempt from tuition fees for the period of academic leave. However, the head of the educational institution has the right to refuse if he finds your arguments insufficiently convincing.

What is student leave?

The relationship between employer and employee is regulated by the Labor Code. At work, academic leave is out of the question. After all, this concept has nothing to do with labor relations.

When people ask if they can take academic leave at work, they usually talk about student leave. It is used for passing final tests, laboratory and term papers.

In this case, the relations of the parties are governed by Art. 173–177 of the Labor Code. And in the case when training programs do not have state accreditation, an employment contract.

Thus, you can take student leave at work, but not academic leave. However, they are often confused with each other. For example, without understanding the meaning of concepts, they ask how academic leave is paid at work.

Student leave period

The period of additional leave depends on the type of education received and the stage of the educational process. For part-time and part-time education:

• when receiving higher education with a bachelor's, specialist's or master's degree, in the first and second year the employee receives 40 days, and starting from the third year andfurther - 50 days, additional vacation for each course;
• when mastering residency, postgraduate and assistantship-internship programs, students receive additional vacations for a period of 30 calendar days during the calendar year;
• Employees pursuing a PhD or PhD degree are en titled to additional leave for a period of 3 or 6 calendar months, respectively. This happens in the manner determined by the Government of the Russian Federation (Decree No. 409 of 05.05.2014);
• when receiving secondary specialized education in the first and second year, the employee receives 30 days of additional leave for each course, and from the third year onwards - 40 days for each course.

In addition, full-time and part-time students can take advantage of additional leave to take final exams and defend their thesis.

Terms depend on the curriculum and cannot exceed:

• 4 months for higher education;
• 2 months for secondary special education.

But that's not all. At the request of the employee, 10 months before the defense of the diploma, the working day can be reduced by 1 hour. Thus, the employee receives 1 additional day off per week.

How does an employer pay for student leave?

Additional day off to prepare for the defense of the diploma is paid in the amount of 50% of the average salary of the employee. Byat the request of the employer, during the period of preparation of the employee for the defense of the diploma, he may be granted 2 additional days off per week, but already unpaid.

Half the cost of travel to the place of study will also be paid by the employer, but only once a year.

In addition, the average wage is maintained for the period of student leave.

It should be noted that this is true only for students of correspondence and part-time departments. When studying full-time, the procedure for paying student leave is determined by the employment contract: by law, the employer is not obliged to pay for these days.

Keep in mind that personal income tax is withheld from the calculated amount.

These guarantees are provided to the employee by the Labor Code and the employer has no right to contradict him. Keep in mind that the average earnings must be calculated and paid before the start of the vacation, but it is not said how many days before the start. Therefore, often the employee receives the money on the last working day before the student leave.

What to look for if you plan to take student leave?

But it's not always possible to take advantage of these guarantees. To be eligible for them, education of the appropriate level must be obtained for the first time. However, there is one important nuance here, which is often forgotten.

In a situation where an organization sends an employee for training, additional education does not have to be obtained for the first time. But all points on the provision of leave and its payment must be agreed withby the employer in advance - when signing the student agreement.

Another important nuance is that the right to benefits is provided only at the main place of work. If a person works somewhere else part-time, at the second place of work he will have to take a vacation at his own expense.

It is advisable to provide and stipulate this situation in the employment contract. Otherwise, providing leave at one's own expense is the right, but not the obligation of the employer.

It's different when it comes to providing student leave. On the basis of a certificate-call, an employee may not go to work even without the consent of the employer. But only on condition that all documents are properly executed.

No production need can serve as a basis to refuse an employee to provide student leave.

In addition to getting a job, workers often agree to unfavorable conditions specified in the employment contract and a “gray” salary in an envelope. In this case, if student leave is granted, it will be paid at the official rate specified in the contract. And the money that is usually transferred in an envelope, the employee will not see.

This behavior deprives employees of legal rights and guarantees, so lawyers always advise you to carefully read the employment contract and not make concessions to dishonest employers. It is better to miss the vacancy than to prove your rights in court for years. Moreover, it is expensive and often futile.

How to apply for student leave?

To get student leave, you will have to take a certificate-call from an educational institution. This document indicates the period for which the employee must be granted leave.

However, it cannot be more than specified in the law, unless otherwise provided by the employment contract between the employee and the employer. The procedure is as follows:

• write a statement addressed to the head of the organization, attach a certificate-call from the educational institution to it and transfer it to the personnel department of the enterprise against signature;
• HR department issues an order of the established form, signed by the head;
• accounting calculates average earnings and draws up the corresponding payslip;
• data on the provision of study leave must be recorded in the employee's personal file and time sheet.

Each stage must be personally controlled so that there are no unpleasant surprises later.

Summarize

Do not confuse 2 completely different concepts: academic and student leave. An educational institution sends a student on academic leave, in particular, so that he can improve his difficult financial situation.

During the period of academic leave, the student is not awarded a scholarship, he cannot take part in the educational process. You also don't need to pay tuition. However, he retains the status of a student and can enjoy the appropriate benefits.

The educational institution has the right to provide the student with materialhelp if he found himself in a difficult life situation: he had an accident, lost his only breadwinner, a serious illness was diagnosed and expensive treatment is required. However, this is a right, not an obligation, of an educational institution.

During academic leave, the student loses the right to deferment from the army. If, according to the conclusion of the medical commission, he is found fit for military service, he will go to serve.

As a rule, academic leave will not be denied for medical reasons and in case of conscription. The decision on other grounds, which are provided by law, is made by the rector. Above, we also looked at what an application for academic leave looks like.

At work, student leave is provided to employees who combine paid work and study. In this case, the law provides for a number of restrictions, which are also discussed above. In other cases, the employer cannot refuse the employee to provide such leave. At the same time, the employee retains the average earnings, but only if he studies at the correspondence or part-time department.

In the case when an employee is trained full-time, the relationship is regulated by an employment contract. Unless otherwise provided in it, the average salary for the employee is not saved.