Is it possible to get a sabbatical leave with debts? Why do students take academic leave?
To obtain academic leave at the university, reasons for this purpose they must be sufficiently weighty. There may be several such reasons. More often people go on academic leave due to pregnancy, to care for a small child, or for health reasons.
Academic leave is granted to a student on the following grounds:
In the case of an application for medical reasons - on the basis of the student’s personal statement, as well as the conclusion of the clinical expert commission of the state, municipal health care institution at the place of constant observation of the student. The conclusion must be written or certified by the university medical center. Moreover, without the consent of the student himself, the diagnosis is not indicated in the conclusion.
In the case of an application for other reasons - on the basis of the student’s personal statement, as well as the corresponding document that confirms the basis for receiving academic leave indicating the reason.
A student applying for academic leave must not have any outstanding debts in any subjects. Otherwise, the request may simply be refused.
To obtain academic leave for health reasons, you must obtain a special certificate in form 095/U. The same certificate is required when applying for academic leave due to pregnancy. A student who fails to complete such a document on time may be expelled for academic failure.
Another reason why a student may apply for a leave of absence is because it is difficult financial position families. A student can get an extra year of deferment from studying by taking the authorities social protection appropriate confirmation of financial status. You can also get an academic degree due to the need to care for a sick relative.
Most often, academic leave is given for six months or a year. However, the mother of a young child has the right to receive a deferment from education for a period of up to six years. True, if possible, you should try to finish your studies at the university as early as possible. During the entire period of study at the university, a student can take no more than two academic leaves.
Many students want to go on academic leave due to serious debts in their subjects. But almost no one manages to do this. Even if the student has good reason In order to take an academic degree, he may simply be expelled for poor academic performance.
An application for academic leave must be submitted to the rector, who can reject or approve it. To confirm good reasons The student may be required to provide various documents and certificates. Based decision taken The rector's order is issued.
If a student has not started studying at the end of the academic leave within a month, he is expelled from the university.
In accordance with Government Decree Russian Federation No. 1206 of November 3, 1994, students on academic leave for medical reasons receive monthly compensation payments. The university can also pay benefits to students who are on academic leave from its own funds.
Students staying at the academy have the right to live in a dormitory. The procedure for paying tuition when granting academic leave to students who study with full compensation for training costs is determined by the terms of the contract.
A student cannot take academic leave from the university due to incapacity for work. During the period of incapacity for work due to pregnancy and childbirth, in accordance with Federal Law No. 81-FZ of May 19, 1995, students are granted leave with the wording “maternity” with the payment of benefits established by this law. In these cases, full-time and part-time students are granted leave with the wording “for family reasons.”
So, in order to receive academic leave, a student must submit to the dean of the faculty a personal application completed in the prescribed form, as well as one of the following documents:
The conclusion of the clinical expert commission, certified by the medical health center of the university, or the conclusion of the medical health center of the university;
A document confirming the grounds for receiving academic leave, indicating the reason why the student wishes to take academic leave from the university.
The dean of the faculty endorses the application and then submits it for consideration to the vice-rector for academic affairs. In case of a positive decision, an application with the resolution of the vice-rector is sent to the personnel management department and social work to prepare an order. After the order is issued, the general department of the university transmits an extract from the order to the faculty.
Each of us experiences difficulties in life that are completely beyond our control. Any problems can occur in any person and there are no exceptions in this case. Students have the opportunity to wait out any negative events in their lives or get their health in order by receiving the required time off. This “respite” from studying and physical stress has its own name - academic leave. With the opportunity to take this necessary break due to justified circumstances, the guys seeking to get a profession are very lucky.
Academic leave can be taken by students studying at higher educational institutions or at institutions with a slightly lower level of accreditation. Usually, those students who have any obstacles in life ask to receive the above exemption from classes. Or those who need it for health problems. Most often, pregnancy, any family circumstances, or disaster.
Typically, this type of time off is given to students for a period of time from six calendar months to a year. But there are also exceptional cases in which academic leave can be extended to six years.
If this type If a student is applying for an exemption due to health problems, he will need a certain set of documents. It must contain the following documents:
- a certificate, and its form is called “095/u”, which is given in connection with the student’s incapacity for work for a period of 10 days from the date of contacting specialists;
- medical certificate form “027/u”. It confirms the presence of the disease specified in the certificate form 095/y, and also indicates the severity of the disease. The certificate indicates the time during which it lasts, as well as recommendations for exempting the sick person from attending classes and all other activities. physical activity;
- The main document for temporary release is the conclusion of a special clinical expert commission. It draws its conclusion by considering all the tests the patient has undergone, contains information about the course of the disease, the course of treatment being carried out and whether it is advisable to grant academic leave to this person in this case.
The presence of all the above certificates and documents is a reason for the management of the educational institution to provide the student with the necessary and desired exemption. Of course, if the reason indicated by the student who applied is truly valid, and there is simply no other way out of the situation.
Of great importance for granting a student leave for the rector of the educational institution, of course, is the correct completion of all medical certificates provided to him by the student. Typically, the student first submits collected documents to the office of their educational institution, and this department, in turn, submits the received documents for consideration to the head of the educational institution, who, analyzing all the certificates received or the circumstances in the student’s life, satisfies the request to grant the student the requested academic leave. It can be a real life jacket in the life of any student. After all, situations are different, and it is a shame to interrupt studies due to current circumstances, because the student has already passed a certain stage of the educational process. That is why the rector usually treats such issues very carefully and with understanding.
It seems it’s time to open a legal consultation on our blog. We have received several letters asking for information on the rules for granting academic leave in 2015, explain the legislative nuances. To write a detailed article on how to get academic leave, the editors of Studlans turned to a lawyer.
We decided to write a post in the form of questions and answers regarding academic leave. If anything remains unclear, ask in the comments, we will forward your questions to a lawyer and continue the topic!
The answers are given according to the state of the legislation as of 2015.
What is a sabbatical leave?
Academic leave is a period for which educational institution gives the student temporary permission to stop receiving education (higher or secondary vocational). Academic leave is granted on the basis of valid reasons that make full-time study impossible. A student who has received an academic leave of absence is not considered expelled.
Academic leave is granted:
- students;
- cadets;
— graduate students;
- adjuncts;
- residents;
- trainee assistants.
What laws regulate the procedure for granting academic leave?
Academic leave is granted on the basis of clause 12, part 1, art. 34 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”, which came into force on September 1, 2013. This is a basic legislative act that establishes the right of students to receive academic leave.
Specific provisions for granting academic leave are established by by-law - Order of the Ministry of Education and Science of Russia dated June 13, 2013 No. 455 “On approval of the procedure and grounds for granting academic leave to students.”
The Order has an Appendix - “Procedure and grounds for granting academic leave to students” . This is the main document that determines the solution to most issues related to the academician.
But to resolve some specific issues, it is necessary to turn to other sources. Thus, closely related to obtaining an academic degree due to pregnancy are the issues of granting maternity leave, as well as parental leave until the child reaches the age of three years. This issue is not disclosed in the Order of the Ministry of Education and Science of Russia dated June 13, 2013 No. 455, therefore it is resolved on the basis of the already mentioned Federal Law “On Education”.
Issues related to deferment from army conscription during academic leave are regulated by Art. 24 of the Law “On Military Duty and Military Service”.
Issues related to the payment of scholarships are regulated by Order of the Ministry of Education and Science of the Russian Federation dated August 28, 2013 No. 1000.
How to take a sabbatical?
The algorithm for obtaining an academic degree is as follows:
- You collect documents confirming extenuating circumstances due to which you have to interrupt your studies.
- Write an application addressed to the rector of the educational institution.
- Please attach documents supporting your request to your application.
- Submit an application with documents to the rector’s office.
What documents are required to apply for academic leave?
To apply for academic leave, you must provide along with the application documents proving that the student is unable to attend classes. Depending on the circumstances, these may be:
— medical certificates 027/U and 095/U;
- summons from the military registration and enlistment office;
— other documents (for example, confirming the illness of a relative, an invitation to study abroad, etc.).
On what grounds can academic leave be granted?
The application for academic leave must indicate on what basis the student requests a break from studies. The circumstances on the basis of which academic leave is granted can be divided into conditional and unconditional.
Unconditional circumstances include:
— medical indications that prevent the continuation of education and confirmed by the conclusion of a medical commission (including pregnancy);
- conscript military service.
The conditional ones are:
- family circumstances;
- other circumstances.
Here the management of the educational institution decides how valid the reasons are that prompt the student to interrupt his studies.
Student, remember: problems with passing the exam are not a justification for the academician! If you have given up on studying, take care of very convincing, preferably unconditional, justifications for receiving academic leave. The rector’s office will definitely find out how you are studying, and if they suspect you of trying to avoid a well-deserved expulsion, they may ignore family and especially “other” reasons for your application.
Is it necessary to somehow confirm the justifications specified in the application for academic leave?
Necessarily. The rector's office will not take your word for it, even if you bring your application on crutches or demonstrate obvious signs ninth month of pregnancy. Please note that even in the case of unconditional medical indications, certificates must be prepared according to the rules (forms 027/U and 095/U).
As they say, “without a piece of paper you are a bug.” It is impossible to fight the university bureaucracy; you have to play by its rules.
Where can I download a sample application for academic leave?
An application for academic leave is written according to the usual standard. Indicated:
— position and full name of the head of the educational institution;
— information about the applicant (including information about the faculty, specialty, group);
— the word “Statement” is placed in the center;
- a request for academic leave is stated from a new line;
— the justification for its provision is indicated, along with a list of attached documents;
— the date for drawing up the application is set;
— the document is completed by the applicant’s signature.
You can find a sample application for academic leave on our website.
How long is the sabbatical leave?
Maximum duration of the academy – two years. Most often, the student is given a year. If the problems that led to the interruption of studies have not disappeared, you can take another academic leave.
How many times can you take academic leave?
You can take an academic course as many times as you want (but only if you provide compelling reasons). The law does not limit a student’s number of academic leaves.
Is it possible to extend academic leave?
Strictly speaking, academic leave is not extended; if necessary, a new one is simply taken. But in colloquial speech and even in legal advice they often talk about extending academic leave, so you can use this expression.
You just need to remember four important things:
— if an extension is necessary, a new application for academic leave is written;
— documents are again attached to the application confirming the existence of valid circumstances forcing the student to interrupt his studies (that is, the whole procedure is repeated);
— budget place guaranteed to be preserved only during the first academic year;
— the deferment from conscription applies only to the first academic leave.
Who decides on granting academic leave?
This decision is made by the head of the educational institution (usually the rector). An authorized official can also make a decision. In any case, the legislation allows 10 days from the date of receipt of the application for academic leave to make a decision.
Can they refuse to grant academic leave?
The management of the educational institution has the right to refuse the applicant if it considers the circumstances that prompted him to take a break from studying are not convincing enough.
How to take academic leave for medical reasons?
Academic leave due to illness is quite easy to obtain, since medical indications are considered the most objective grounds for a break in study. But not every illness can justify the need for an academician. The decision as to whether a student can continue studying or whether he needs a break to recover his health is made by a medical commission.
Documents required to consider this issue:
1) certificate of temporary disability (form 095/U);
2) extract from the medical history (form 027/U).
You should contact the management of the educational institution with these documents, who will give you a referral to undergo a medical examination. Usually the commission takes place at the student clinic. If the medical expert commission recognizes the need for a break in educational process, the university provides the student with an academic.
Do they provide academic leave for non-medical reasons?
Yes, such a possibility exists. You can get an Academy:
- if you wish to serve in the army by conscription;
— in case of family circumstances forcing the student to postpone further education;
— in other cases when objective reasons prevent the continuation of education.
The concept of “other circumstances” is very broad, but it should be taken into account that the university may consider them insufficient to grant academic leave. For example, an invitation to work or study abroad can be regarded as both a valid and disrespectful reason, depending on the position of the administration. It happens that students are even provided with an academy so that they can participate in a television show. But this is the good will of the leadership of the educational institution, and not a rule.
We also note that for students who study well, it is easier to get an academic degree due to other circumstances. If a student has problems with his studies, the rector’s office may consider an application for the provision of an academic position as an attempt to evade the session.
Is it possible to take academic leave during pregnancy?
Pregnancy is a medical condition and is an unconditional circumstance justifying academic leave. To go on academic leave due to pregnancy, you must:
— receive a certificate in form 095/U and an extract from the outpatient card of the antenatal clinic about registration due to pregnancy;
— apply with these documents to the dean’s office or rector’s office of the educational institution;
— receive a referral to undergo a medical expert commission (usually it is carried out at the student clinic);
- pass the commission;
— attach the commission’s decision to the application for academic leave.
Is it possible to extend academic leave to raise a child up to three years?
In the Order of the Ministry of Education and Science of Russia dated June 13, 2013 No. 455 “On approval of the procedure and grounds for granting academic leave to students,” there are no special instructions on the provision of academic leave for the purpose of raising a child. But clause 12, part 1, art. 34 Federal Law dated December 29, 2012 No. 273-FZ “On Education in the Russian Federation” provides for the observance of women’s rights regarding the receipt of leave to care for a child up to three years old (according to general provisions current legislation).
How to extend academic leave in practice? The algorithm is simple:
1) receive your first academic degree during pregnancy (for two years);
2) after the expiration of the first academic year, you submit an application for the second one - for family reasons (for another two years).
Is academic leave granted for family reasons?
Yes, that's enough common reason to obtain an academic degree. For example, the justification may be the need to raise a child, care for a seriously ill relative, or even a difficult financial situation in the family. All these and other family circumstances must be documented.
But keep in mind that the management of the educational institution has the right to refuse a student. When making a decision, the current circumstances in the student’s life are taken into account, and the objectivity of the reasons prompting them to interrupt their studies is analyzed. The decision in each case is made individually: one student may be given an academic permit, and another, under the same circumstances, may be denied. For example, a refusal may be caused by the suspicion that the student is just trying to solve problems with the session.
Sometimes the university offers alternative solution question: for example, if a student is in a difficult financial situation, forcing him to work, he may be advised to transfer to the correspondence department.
Is there a sabbatical leave for military service?
It would seem, why would a full-time student take an academic course for conscription service? You graduate from high school or are expelled, then you will serve. However, in some cases, students prefer to take a break from the educational process and serve in the army - usually for the purpose of a future career. In this case, you can take a student on the basis of a summons from the military registration and enlistment office, and then return to the university.
Is it possible to take a sabbatical during the first year?
You can take an academic course at any stage of your studies. The legislation does not place restrictions on this issue, since health problems or other circumstances that impede learning can arise at any time.
You just need to remember that the university management treats students taking academic leave in their first year with respect. special attention and takes particular care to analyze the basis for the claim. Considering that before, you can understand the administration! So you shouldn’t hope that an academic will save you from bad studies.
Is it possible to take a sabbatical leave in the fifth year?
Yes, you can take an academic leave in the 5th year. For example, if a fifth-year student becomes pregnant or a fifth-year student ends up in the hospital with a compound fracture, the university will definitely accommodate. But the rector’s office looks at fifth-year students, as well as first-year students who submit applications for academic studies, with increased attention: is there an attempt to cheat because of an unfinished diploma?
Do they give academic leave in graduate school?
Postgraduate students, like students, have the right to receive academic leave, since postgraduate study is part of the educational process.
Is it possible to get an academic leave if you have academic debt?
In most cases it is impossible. But the university can accommodate the student halfway if it is clearly objective reasons to receive academic leave. For example, if a student with debt received a severe injury during an additional session, he may be provided with an academic loan on the condition of handing over the “tails” after its completion. Or, as an option, give an academic leave with a transfer to a course below.
Is the stipend paid during academic leave?
This issue is regulated by a special by-law - Order of the Ministry of Education and Science of the Russian Federation dated August 28, 2013 No. 1000 “On approval of the Procedure for assigning a state academic scholarship and (or) state social scholarship to students studying full-time at the expense of budgetary allocations from the federal budget, state scholarships for graduate students, residents, assistant trainees studying full-time at the expense of federal budget allocations, payment of scholarships to students of preparatory departments of federal state educational organizations higher education studying at the expense of budgetary allocations from the federal budget."
According to paragraphs. 13 – 14 of this Order, the grounds for termination of payment of scholarships (both state academic and social) are:
— expulsion from an educational institution;
— academic debt;
— receiving a “satisfactory” grade during the session.
Academic leave is not included in the list of reasons for which the payment of a scholarship is terminated. Being in an academy in itself does not create academic debt. So if you received only “good” and “excellent” in all subjects during the previous session, and now you have taken academic, the scholarship will be paid.
Are any monetary compensations paid during academic leave?
A student who receives an academic degree based on medical indications receives additional cash payments in accordance with a special by-law - the Government Decree “On approval of the procedure for assigning and paying monthly compensation payments to certain categories of citizens.” True, cash payments during academic leave are small - only 50 rubles per month.
To receive compensation payments, you must submit an application with the relevant documents to the rector's office (you can indicate this point in the application for academic leave). Compensation begins to be paid from the date of granting the academic leave, if the application for it is received no later than 6 months from the date of granting leave. If the student comes to his senses after six months, payments will be received no more than 6 months from the day of the month in which the application for compensation was submitted.
Female students on parental leave until the child reaches the age of three receive a monthly allowance in accordance with Federal Law No. 81-FZ of May 19, 1995 “On state benefits for citizens with children” (with subsequent amendments and additions).
Is a student provided with a dormitory during an academic leave?
Complex issue. Order of the Ministry of Education and Science of Russia dated June 13, 2013 No. 455 “On approval of the procedure and grounds for granting academic leave to students” refers us to Art. 39 of the Federal Law of December 29, 2012 No. 273-FZ “On Education in the Russian Federation”. And it says that the student’s dormitory is provided...
... if such organizations have appropriate specialized housing stock in the manner established by local regulations these organizations.
Have questions? Ask in the comments!
You won't be able to take a sabbatical from work. However, usually, when looking for an answer to this question, what they actually mean is not academic leave, but student (study) leave. There is simply a substitution of concepts. Below we will figure out what the difference between them is.
What is a sabbatical leave?
Speaking in simple words, academic leave or, as students say, “academic” is the student’s right to interrupt the educational process for a certain period, which cannot exceed 24 months. You cannot take academic leave at work - it is provided by educational institution, not the employer. This right is given to students by clause 12 of Art. 34 laws on education.
A person who has taken an academic leave continues to be considered a student of this educational institution and enjoys the corresponding privileges, for example, preferential travel to public transport. However, he cannot take part in the educational process.
Grounds for academic 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, specifically by Order No. 455 of June 13, 2013:
medical indications - the presence of a disease that prevents further education will have to be confirmed by a doctor’s report and all related certificates must be provided;
family circumstances - this includes pregnancy, leave to care for a sick child or 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 medical record of a relative, a certificate from a doctor that the patient 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 duration is 1-2 years. Later, the vacation can be extended, but you will have to provide all documents again for confirmation.
Keep in mind that, just like at work, no one will sign your application for academic leave without sufficient grounds. The final word in this matter remains with the rector.
Is it always beneficial to take a sabbatical?
Taking “academic” is not always the best solution. For example, when a child is born, lawyers do not advise taking out an academic leave. You can go on maternity leave at work. But in order not to lose your place of study, it is more profitable to take out parental leave - this possibility is also provided for by law.
Only in this case will the young mother receive social benefits. It may not be a lot of money, but it obviously won’t be superfluous. And during the period of academic leave they do not even pay a stipend.
The only advantage of “academic” is that you don’t have to pay for training during this period, and the student retains his place. Later he will be able to continue his education from the semester where he left off.
By the way, in many educational institutions there is an unspoken rule: academic leave is granted only after passing the intermediate session. This is convenient for students and teachers: they do not have to continue studying from the middle of the semester.
Also, one should not take the “academic” course as an opportunity to “opt out” of being drafted for military service. During the period of academic leave, the student loses the right to a deferment from the army. If according to the conclusion medical commission he is found 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 with training. And hiring an employee for several hours a day is unprofitable for an employer. A situation arises when a student is forced to interrupt his studies due to a difficult financial situation.
A certificate for academic 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 ones will also have to be confirmed: provide certificates of parents’ salaries, a certificate from the social protection fund 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 student”, 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 obtained from the 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 shown 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.
“Iron” reasons for academic leave are usually considered:
- conscription;
- pregnancy and child care;
- medical indications.
The more convincing the evidence presented, the higher the chances of getting a break and retaining your place of study. Attach all available medical certificates, 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 paying tuition fees during their academic leave. However, the head of the educational institution has the right to refuse if he finds your arguments not convincing enough.
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 whether it is possible to take a sabbatical from work, we are usually talking about student leave. It is used for passing final tests, laboratory and coursework.
In this case, the relations of the parties are regulated by Art. 173-177 of the Labor Code. And in the case where the training programs do not have state accreditation, employment contract.
Thus, at work you can take student leave, but not academic at all. However, they are often confused with each other. For example, without understanding the meaning of the concepts, they ask how academic leave is paid at work.
Duration of student leave
The duration of additional leave depends on the type of education received and the stage of the educational process. For part-time and part-time courses:
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 from the third year onwards - 50 days, additional leave for each course;
When completing residency, postgraduate and assistantship internship programs, students receive additional leave for a period of 30 calendar days during the calendar year;
employees receiving a candidate or doctorate degree are entitled 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 (Resolution No. 409 of 05/05/2014);
upon receipt secondary special 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 pass final exams and defend a diploma.
Timing depends on curriculum and cannot exceed:
- 4 months upon receipt of higher education;
- 2 months upon receipt of secondary specialized education.
But that's not all. At the request of the employee, 10 months before defending his 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?
An additional day off to prepare for the defense of a diploma is paid in the amount of 50% of the average wages employee. At the request of the employer, during the period of preparation of the employee to defend his diploma, he may be given 2 additional days off per week, but this time unpaid.
The employer will also pay half of the cost of travel to the place of study, but only once a year.
In addition, during the period of student leave, the employee retains his average salary.
It should be noted that this is only true for part-time and part-time students. When studying full-time, the procedure for paying for student leave is determined by the employment contract: by law, the employer is not obliged to pay for these days.
Please keep in mind that personal income tax is withheld from the calculated amount.
These guarantees are provided to the employee Labor Code and the employer has no right to contradict him. Keep in mind that average earnings must be calculated and paid before the start of the vacation, but it does not say how many days before the start. Therefore, an employee often receives money on the last working day before school leave.
What should you pay attention to if you are planning to take a leave of absence?
It’s just not always possible to take advantage of these guarantees. To be eligible for them, education at the appropriate level must be obtained for the first time. However there is one here important nuance, it is often forgotten.
In a situation where an organization sends an employee for training, additional education It doesn't have to be the first time. But all aspects of granting leave and paying for it must be discussed with 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 leave at his own expense.
It is advisable to provide for and stipulate this situation in the employment contract. Otherwise, providing leave at your own expense is the right, but not the obligation of the employer.
It's a different matter when it comes to granting student leave. Based on the summons certificate, the employee may not go to work even without the employer’s consent. But only on condition that all documents are prepared properly.
No production necessity can serve as a basis for refusing to grant an employee student leave.
In addition, in order to get 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 employee will not see the money that is usually handed over in an envelope.
This behavior deprives employees legal rights and guarantees, so lawyers always advise reading the employment contract carefully and not making concessions to dishonest employers. It is better to miss a vacancy than to prove your rights in court for years. Moreover, it is expensive and often futile.
How to apply for student leave?
To receive student leave, you will have to take a certificate of summons from the educational institution. This document specifies the period for which the employee should 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 an application addressed to the head of the organization, attach to it a certificate of summons from the educational institution and submit it to the personnel department of the enterprise against signature;
the HR department issues an order in the established form, signed by the manager;
The accounting department calculates average earnings and prepares the corresponding pay slip;
data on provision study leave must be recorded in the employee’s personal file and time sheet.
Each stage must be monitored personally so that there are no unpleasant surprises later.
Let's sum it up
Don't confuse the 2 at all different concepts: academic and student leave. The educational institution sends the 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 and cannot take part in the educational process. There is also no need to pay for training. However, he retains his student status and can enjoy the corresponding benefits.
The educational institution has the right to provide the student with financial assistance if he finds himself in severe life situation: I had an accident, lost my only breadwinner, was diagnosed with a serious illness and required expensive treatment. However, this is a right, not an obligation of the educational institution.
During an academic leave, a student loses the right to a 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 in the event of conscription for military service. The decision on other grounds 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 granted to employees who combine paid labor activity 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 to provide such leave to the employee. At the same time, the employee retains his average earnings, but only if he is a part-time or part-time student.
In the case where an employee is studying full-time, the relationship is regulated by an employment contract. Unless otherwise provided in it, the employee’s average earnings are not retained.
1. These procedures and grounds establish General requirements to the procedure for granting academic leave to persons studying in educational programs of secondary vocational or higher education (students (cadets), graduate students (adjuncts), residents and assistant trainees) (hereinafter referred to as students), as well as the grounds for granting these leaves to students.
2. Academic leave is granted to the student due to the inability to master educational program secondary vocational or higher education (hereinafter referred to as the educational program) in an organization that carries out educational activities(hereinafter referred to as the organization), for medical reasons, family and other circumstances for a period of time not exceeding two years.
3. Academic leave is granted to a student an unlimited number of times.
4. The basis for making a decision to grant a student academic leave is the student’s personal statement (hereinafter referred to as the application), as well as the conclusion of the medical commission of a medical organization (for granting academic leave for medical reasons), a summons from the military commissariat containing the time and place of departure to the place of passage military service (for granting academic leave in case of conscription), documents confirming the basis for granting academic leave (if any).
5. The decision to grant academic leave is made by the head of the organization or his authorized representative official within ten days from the date of receipt from the student of the application and the documents attached to it (if any) and is issued by order of the head of the organization or an official authorized by him.
6. While on academic leave, a student is relieved of responsibilities related to his completion of an educational program in an organization and is not allowed to educational process until the end of the academic leave. If the student is studying in an organization under an education agreement at the expense of physical and (or) legal entity, during academic leave, tuition fees are not charged.
7. Academic leave ends at the end of the period of time for which it was granted, or before the end of the specified period based on the student’s application. The student is allowed to study upon completion of academic leave on the basis of an order from the head of the organization or an official authorized by him.
8. Students on academic leave for medical reasons are assigned and paid monthly compensation payments in accordance with