It’s impossible to take academic leave at work. However, usually when they are looking for the answer to this question, they really mean not academic, but student (study) leave. Just a substitution of concepts. Below we will understand what is the difference between them.
What is academic leave?
In simple words, academic leave or, as students say, “academician” is the right of the student to interrupt the educational process for a certain period of time, which cannot exceed 24 months. You cannot take academic leave at work - it is provided by the educational institution, and not by the employer. This right gives students clause 12 of article. 34 of the Education Act.
A person who has taken academic leave continues to be considered a student of this educational institution and enjoy the appropriate privileges, such as reduced fare in public transport. However, he cannot take part in the educational process.
Grounds for academic leave
The circumstances on the basis of which this right is granted to students of technical schools, universities and colleges are determined by the Ministry of Education and Science, and specifically by order No. 455 of 06/13/2013:
medical indications - the presence of a disease that impedes further education will have to be confirmed by a doctor’s opinion and all related information should 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 with documents: any paper that has legal force will come off - a certificate from a gynecologist, a relative’s medical card, a doctor’s certificate that the patient needs care;
call for military service - a summons from the military registration and enlistment office indicating the place and period of service will be required;
exceptional cases - the death of someone from close relatives: mother, father, brother, sister, grandparents; internship abroad and others.
You can take academic leave as many times as you like. As a rule, its term is 1-2 years. Later, leave can be extended, but all documents will have to be submitted again for confirmation.
Keep in mind that, like at work, no one will sign your application for academic leave without good reason. The last word in this matter rests with the rector.
Is it always beneficial to take academic leave?
It’s not always to take an “academy” - the best way out. For example, at the birth of a child, lawyers are not advised to arrange academic leave. At work, you can go on maternity leave. But in order not to lose the place of study, it is more profitable to take parental leave - such an opportunity is also provided for by law.
Only in this case, the young mother will receive social benefits. Although this is not a lot of money, it will obviously not be superfluous. And during the period of academic leave do not even pay a scholarship.
The advantage of the “academician” is that you don’t have to pay for tuition during this period, but the student retains his place. Later, he will be able to continue his education from the semester at which he stopped.
By the way, in many educational institutions there is an unwritten rule: academic leave is granted 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 "academician" as an opportunity to "deflect" from the draft 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 deemed fit, then the “academician” will go to serve.
However, there are situations when you can not do without a break in studies. For example, a full-time student has a hard time getting a job. After all, most of the day is busy with learning. And taking an employee for several hours a day is unprofitable for the 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 may consider this as a basis.
Only the difficult financial situation will also have to be confirmed: provide certificates of the parents' salary, a certificate from the social security 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 it? What other documents are needed, for example, from work?
Vacation Application: Sample
To take the "academician", you will have to write a statement addressed to the head of the educational institution and attach all supporting documents. These include a certificate of 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 statement is presented in the photo below.
The final decision rests with the administration of the university or university. They must accept it within 10 days from the date of application.
As "iron" reasons for academic leave, as a rule, are considered:
- conscription;
- pregnancy and child care;
- medical indications.
The more convincing the evidence presented, the higher the chances of getting a break and preserving your place of study. Attach all available medical certificates, an application for academic leave from the workplace, documents proving the illness or death of a close relative.
By the way, students of the commercial department are exempted from paying for studies for the period of academic leave. However, the head of the institution has the right to refuse if he finds your arguments are not convincing enough.
What is student leave?
The employer-employee relationship is regulated by the Labor Code. At work, about academic leave is out of the question. After all, this concept has nothing to do with labor relations.
When asked whether it is possible to take academic leave at work, it is usually a student leave. It is used to pass the final tests, laboratory and term papers.
In this case, the relations of the parties are regulated by Art. 173–177 of the Labor Code. And in the case when training programs do not have state accreditation, an employment contract.
Thus, at work, you can take student leave, but not academic. However, they are often confused with each other. For example, without understanding the meaning of concepts, they ask how academic leave at work is paid.
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 courses:
upon receiving a higher education with a bachelor, specialist 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 mastering residency, postgraduate and postgraduate study programs, students receive additional leave for a period of 30 calendar days during a calendar year;
Workers receiving the degree of candidate or doctor of sciences 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 (Decision No. 409 of 05/05/2014);
upon receipt of secondary special education in the first and second year, the employee receives 30 days of additional leave for each course, and starting from the third year onwards - 40 days for each course.
In addition, full-time and part-time students can take additional leave to take final exams and defend their diploma.
Dates depend on the curriculum and cannot exceed:
- 4 months upon graduation;
- 2 months upon receipt of secondary specialized education.
But that is not all. At the request of the employee, 10 months before the diploma is defended, the working day may be reduced by 1 hour. Thus, the employee receives 1 additional day off per week.
How does the 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 employee wage. At the request of the employer, during the preparation of the employee for the defense of the diploma, he may be given 2 additional days off per week, but already unpaid.
Half of the fare to the place of study will also be paid by the employer, but only 1 time per year.
In addition, the average salary is retained for the employee for the period of student leave.
It should be noted that this is true only for students of correspondence and full-time departments. When studying full-time, the procedure for paying for student leave is determined by an employment contract: by law, the employer is not required to pay 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 should be calculated and paid before the start of the vacation, but it is not said how many days before the start. Therefore, often an employee receives money on the last working day before student leave.
What to look for if you plan to take student leave?
It’s not always possible to use these guarantees. To be eligible for them, education at the appropriate level must be obtained for the first time. However, there is one important nuance, they often forget about it.
In a situation when an organization sends an employee for training, additional education does not have to be obtained for the first time. But all aspects of the provision of leave and its payment must be agreed with the employer in advance - upon signing the student agreement.
Another important nuance is that the right to benefits is granted only at the main place of work. If a person works somewhere else concurrently, in the second place of work will have to arrange a vacation at his own expense.
It is advisable to foresee and stipulate this situation in the employment contract. Otherwise, the provision of leave at their own expense is the right, but not the obligation of the employer.
Another thing 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 the documents are drawn up properly.
No production need can serve as a basis to refuse an employee's student leave.
In addition, in order to obtain a place, employees often agree to disadvantageous conditions specified in the employment contract and a “gray” salary in an envelope. In this case, if student leave is granted, they will pay for it at the official rate specified in the contract. And the employee will not see the money that is usually transferred in an envelope.
Such behavior deprives employees of their legal rights and guarantees, therefore, lawyers always advise you to carefully read the employment contract and not make concessions to dishonest employers. Better to miss a job than to prove your rights in court for years. Moreover, it is expensive and often unpromising.
How to arrange student leave?
To get student leave, you will have to take a certificate-call from the school. This document indicates 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 labor 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;
the personnel department issues an order of the established form, signed by the head;
accounting calculates the average earnings and draws up the corresponding pay slip;
data on the provision of study leave should be recorded in the personal file of the employee and the timesheet.
Each stage needs to be checked personally so that then there are no unpleasant surprises.
To summarize
Do not confuse 2 completely different concepts: academic and student leave. The student 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, he can not take part in the educational process. Paying for tuition is also not necessary. However, he retains the status of a student and can enjoy the corresponding benefits.
An educational institution has the right to provide a student with financial assistance if he is in a difficult life situation: had an accident, lost his only bread-winner, was diagnosed with a serious illness, and expensive treatment is required. However, this is a right, not an obligation, of an educational institution.
During the academic leave, the student loses the right to deferment from the army. If, according to the conclusion of the medical commission, he is deemed fit for military service, he will go to serve.
As a rule, they will not be denied academic leave on medical grounds even in the event of military draft. The decision on other grounds provided for by law shall be made by the rector. Above, we also examined what the application for academic leave looks like.
At work, student leave is granted to employees who combine paid work and study. In this case, the law provides for a number of restrictions, which are also considered above. In other cases, the employer cannot refuse to grant the employee such leave. At the same time, the employee retains average earnings, but only if he is studying in the correspondence or full-time department.
In the case when an employee is studying full-time, relations are regulated by an employment contract. Unless otherwise provided in it, the average earnings per employee are not saved.