An employee who combines work with training is granted additional vacations while maintaining the average earnings. They are given for the preparation and passing of examination sessions and final state exams. But there are a number of cases when enterprises do not pay for such vacations.
Instructions
Step 1
Educational leave is not paid if the worker does not receive an education of the corresponding level for the first time, that is, he already has a second higher education, etc. And if this fact is not provided for in the training agreement, which is concluded in writing between the employee and the employer. But at the same time, this type of restriction does not apply to student workers who already have a professional education of the appropriate level, and are aimed at training at the initiative of the employer enterprise itself. This agreement must be reflected in writing. With such a written agreement, the employee has the right to obtain study leave, despite the fact that this education is not the first.
Step 2
Also, absence from the enterprise for taking sessions and exams will not be paid for an employee who combines work with training in two educational institutions at the same time, because, according to the law, guarantees and compensations can be provided only for training in only one of these educational institutions. … And in which one of them is the choice of the employee himself. The basis for this is Art. 77 of the Labor Code of the Russian Federation.
Step 3
It is necessary to know that employers are obliged to provide educational leave, regardless of whether the education they receive is related to the employee's labor duties or not, and also does not play a role before or after hiring, training began. Today, leave is relied on absolutely for all forms of study: evening, part-time, full-time, evening-shift and part-time.
Step 4
The employer may refuse to pay for the study leave if the educational institution does not have state accreditation. But even so, leave can still be granted if the labor or collective agreement of the enterprise reflects the condition that the provision of vacations does not depend on the fact of accreditation or the absence of such an educational institution.
