How to take additional leave under Article 173.1

Employees completing training programs for scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs and assistantship-internship programs through correspondence courses are entitled to: annual additional leave at the place of work for a duration of 30 calendar days with preservation of average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s annual additional leave while maintaining average earnings. The specified travel is paid by the employer; one day off from work per week with payment in the amount of 50 percent of what you receive wages. The employer has the right to provide employees, at their request, with last year training additionally no more than two days off from work per week without pay. Employees who are mastering programs for training scientific and pedagogical personnel in graduate school (postgraduate studies), as well as persons who are applicants for the scientific degree of Candidate of Sciences, also have the right to be granted at their place of work an additional annual leave of three months to complete a dissertation for the scientific degree of Candidate of Sciences while maintaining average earnings.

Legal advice under Art. 173.1 Labor Code of the Russian Federation

    Georgy Mamchenko

    Good evening. Question: I work in budgetary institution Will my higher education be paid for? but they paid me already average

    Lidiya Dorofeeva

    Good afternoon! Tell. please, if the dean's office provides me with a challenge certificate which will include the passage pre-graduate practice passing state exams and defending my thesis, how many days can my employer let me go by law? Let me explain, the total is 144 days.

    • Question answered over the phone

    Stepan Nepomnyashchikh

    I work at a state-owned enterprise, study part-time at an accredited university, and brought a summons certificate to the HR department. I work for the government. enterprise, I am studying in absentia at an accredited university, I brought a certificate of invitation to the personnel department for 36 days to take exams, in O.K. they told me that they would only pay for 34 days, and 2 days must be taken at my own expense. Is it legal?

    • Lawyer's answer:

      Article 173. Guarantees and compensations for employees combining work with training in educational institutions higher professional education, and employees entering the specified educational institutions Employees sent for training by the employer or enrolled independently in educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, in part-time and part-time (evening) forms of education, successfully For students studying at these institutions, the employer provides additional leave with preservation of average earnings for: passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days; preparation and defense of the final qualifying work and passing the final state exams- four months; passing the final state exams - one month. The employer is obliged to provide leave without pay to: employees admitted to entrance examinations to educational institutions of higher professional education - 15 calendar days; employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days; employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month. For employees who successfully study by correspondence in educational institutions of higher professional education with state accreditation, once per academic year the employer pays for travel to the location of the relevant educational institution and back. For employees studying part-time and part-time (evening) forms of study in educational institutions of higher professional education with state accreditation, a period of ten academic months before starting a diploma project (work) or passing state exams is established at their request. work week, shortened by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week. Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

    Mikhail Skalkin

    Is paid leave provided for taking exams in correspondence graduate school (budgetary form of study)?

    • Lawyer's answer:

      Employees who combine work with postgraduate (adjunct) or doctoral studies are also provided with certain benefits. But they are established not by the Labor Code, but by Article 19 of the Federal Law of August 22, 1996 No. 125-FZ “On Higher and Postgraduate Professional Education”. Currently in force is Federal Law 12/29/2012 N 273-FZ “On Education in Russian Federation". A graduate student (adjunct) is a person who has a higher professional education, is studying in graduate school (adjunct) and is working on a dissertation for the degree of Candidate of Sciences

    Georgy Avakumov

    What to do if the employer does not allow you to go to the session?

    • If there is a social package, then they are obliged to let you go and pay. And so negotiate with the management - I worked and ran to the session. I am obliged to provide it! Write an application in 2 copies, attaching a summons certificate. register your application at the office...

    Diana Kiseleva

    Vacation at your own expense due to a study session!

    • By law, they are required to provide study leave with a minimum minimum wages. Shake. They should not only let you go, but also provide paid educational leave. Study leaves, in accordance with labor legislation...

    Elizaveta Petrova

    Does the employer have the right to not allow you to attend the State Exam and defend your diploma? Hello, I work in a commercial bank and receive the first higher education in my specialty, when I got a job, I warned in advance that in 6-7 months I would have state exams and defend my diploma, to which they replied that they would let me go without any problems. The time has come to go to State and I ask to be given my next paid leave, to which the management responds that they will not let me go, I explain the reason why I am taking it, they told me that this is my problem, and it’s up to me to decide. The boss doesn’t want to let me go on vacation, I’m writing a letter of resignation, they don’t sign it for me, please tell me if the employer has the right to do this? What should I do now? I had to go on sick leave, but I’m actually sick, to which the head of the region said that he would not pay me motivation for December, and the official salary was 4,000 rubles. Tell me what to do now and does the employer have the right to do this?

    • Lawyer's answer:

      Chapter 26. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES COMBINING WORK WITH EDUCATION Article 173 Employees sent for training by the employer or enrolled independently for training in state-accredited bachelor's degree programs, specialty programs or master's programs in part-time and part-time forms of study and successfully mastering these programs , the employer provides additional leave with preservation of average earnings for: - employees studying in state-accredited bachelor's degree programs, specialty programs or master's programs in full-time study, combining education with work, for passing intermediate certification - 15 calendar days per academic year, for preparation and defense of final qualifying work and passing final state exams - four months, for passing final state exams - one month.

    Vera Sorokina

    deadline for the employer to consider an application for student leave. We need a very urgent response...

    Ksenia Melnikova

    They are not allowed to leave work for the session. Full-time study, 5th year, state at the end of January, review lectures to the state begin tomorrow, got a job in a bank. The manager does not let me go, he says that there are not enough employees. Before applying for a job, I said that I had a state in early February, a diploma and all my affairs. They were hired, processed, study leave is not given to full-time students, as the manager says. what to do?

    • After this, do you think you will work with such a leader? Education is more important.

    Kirill Kabanov

    Am I entitled to study leave while preparing for my full-time diploma?

    • Article 173. Guarantees and compensations for employees combining work with study in educational institutions of higher professional education, and for employees entering these educational institutions. ....-preparation and protection...

    Polina Markova

    Payment for study leave

    • Americans will make our people suffer http://www.vesti.ru/sdoc.html?id=1974305&pmkey=wJrIhW well, like this...

    Ilya Smetanschikov

    at work they don’t let you go to work, they say a deduction of 1000 rubles for 1 day of absence from work, do they have the right to do this. at work they don’t let you go to the session, they say a deduction of 1000 rubles for 1 day of absence from work, do they have the right to this? I said that in this case I quit, and the employer said, in any case, I have to work for 2 weeks. What can be done in this situation? Is there any way to put an end to the employer in this situation so that the money doesn’t go to waste...

    • What kind of education? First, second, tenth?

    Grigory Mulin

    About student leave and payment

    • Article 173. Guarantees and compensation for employees combining work with study in educational institutions of higher professional education, and employees entering these educational institutions Employees sent to...

    Natalia Borisova

    study leave

    • Study leave is paid and, like any paid leave, is paid 3 days before it starts. The basis for provision is the employee’s statement confirmed by a summons certificate, and does not depend on the will of the employer. After...

    Valery Kurchavov

    Vacation before dismissal.

    • 1. If you have worked for a year, they do not have the right not to let you go on vacation. 2. When an employee is dismissed, payment for unused vacation is calculated based on the average salary (do not confuse with salary) if anything else is interesting in PM...

    Evdokia Tarasova

    Is the employer obliged to provide study leave if the position I hold is the only one and there is no one to replace it?

    • If the first is higher, I am obliged, if the second, no. See the Labor Code of the Russian Federation. First of all, write an application for leave and refer to the article of the Labor Code of the Russian Federation. "Employers" don't like such vacations... Good luck. study is sacred, art. 43 of the Constitution of the Russian Federation, leave in any case for...

    Victor Rezshchikov

    They don’t sign up for leave to defend their thesis! Ministry of Internal Affairs help. Hello! Tell me, there is an employee of the Ministry of Internal Affairs studying in the evening department, not an officer, in the personnel and the boss refuse to sign leave to write and defend a diploma. They say you don’t have to and set conditions - either quit or don’t study. To what extent is this legal and to what extent? regulations can I lean on it? Thank you all for your attention!!

    • Rely on legislation on education and labor legislation(I can’t give exact links from memory). If you really need a vacation, complain to higher authorities. Otherwise, they will fire you, they will find something to do with it... In the Ministry of Internal Affairs, such cases are more the rule than the exception.

    • Lawyer's answer:

      Article 173. Guarantees and compensations for employees combining work with training in educational institutions of higher vocational education, and employees entering these educational institutions [Labor Code of the Russian Federation] [Chapter 26] [Article 173] Employees sent for training by the employer or enrolled independently in educational institutions of higher professional education that have state accreditation, regardless of their organizational and legal forms, for part-time and part-time (evening) forms of study, successfully studying in these institutions, the employer provides additional leave with preservation of average earnings for: passing intermediate certification at the first and second courses, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs of higher professional education in a shortened time in the second year - 50 calendar days); preparation and defense of final qualifying work and passing final state exams - four months; passing the final state exams - one month. The employer is obliged to provide leave without pay to: employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days; employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days; employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month. For employees who successfully study via correspondence courses in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the relevant educational institution and back once per academic year. Workers studying through part-time and part-time (evening) forms of study in educational institutions of higher professional education with state accreditation for a period of ten academic months before starting a diploma project (work) or passing state exams are given a working week, at their request, reduced by 7 hours. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week. Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

  • Oksana Orlova

    Will the company pay for a training session (study by correspondence) if the employee receives an education not in his field?

    Diana Denisova

    Who understands the labor code!?. QUESTION? I want to take a study leave from work for three months to prepare for my diploma. The employer, with great difficulty, is trying not to give it to me. They are intimidating me with the fact that while I am on study leave they will not pay me my salary, but will give it only after I return from it (three months at once) and bring a confirmation certificate. Is this legal? Do they have the right to do this?

    • Lawyer's answer:

      If this is a higher educational institution, then: LABOR CODE OF THE RUSSIAN FEDERATION Chapter 26. GUARANTEES AND COMPENSATIONS FOR EMPLOYEES COMBINING WORK WITH STUDY Article 173. Guarantees and compensations for employees combining work with study in educational institutions of higher professional education, and employees entering the specified educational institutions institutions For employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms, in correspondence and part-time (evening) forms of study, successfully studying in these institutions, the employer provides additional leave with preservation average earnings for: passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs of higher professional education in a shortened time in the second year - 50 calendar days) ; preparation and defense of final qualifying work and passing final state exams - four months; passing the final state exams - one month. And according to the law, the employer must pay wages at least 2 times a month. Article 136. Procedure, place and terms of payment of wages When paying wages, the employer is obliged to notify each employee in writing about components wages due to him for the relevant period, the amount and grounds for deductions made, as well as the total amount of money to be paid. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations. (as amended by Federal Law No. 90-FZ of June 30, 2006) Wages are paid to the employee, as a rule, at the place where he performs the work or is transferred to the bank account specified by the employee on the terms determined by the collective agreement or employment contract. The place and timing of payment of wages in non-monetary form are determined by a collective agreement or employment contract. Wages are paid directly to the employee, except in cases where another method of payment is provided for by federal law or an employment contract. (as amended by Federal Law No. 90-FZ of June 30, 2006) Salaries are paid at least every half month on the day established by the internal rules labor regulations, collective agreement, employment contract. (as amended by Federal Law No. 90-FZ of June 30, 2006) For certain categories of employees, federal law may establish other terms for payment of wages. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts.

    Egor Vodolazhsky

    Internship. Hello. The university sends me on a 6-week training internship. At the moment I am working in a company where there is no opportunity to complete this internship (different specialties), so the employer said that I must write all these 6 weeks “at my own expense,” explaining that it is not they who are sending me to this internship. Before this, the employer regularly paid and released me for the session, there were no complaints. Question: is there really no such article according to which they release me from work for these 6 weeks? Thank you in advance!

    • Lawyer's answer:
  • Vera Bobrova

    Leave for session. I work for a government news agency. I'm still studying correspondence department. I want to take a vacation for the summer session (official date from May 28 to June 22). I have been working since February of this year. I have the right to take a vacation, right? And besides vacation for the session, can I take a vacation to go on vacation or not?

    • Lawyer's answer:

      regular leave only after 6 months of work, and educational leave: For employees sent for training by the employer or who independently entered state-accredited educational institutions of higher professional education, regardless of their organizational and legal forms, in part-time and part-time (evening) forms of education, successfully studying in these institutions, the employer provides additional leave with preservation of average earnings for: passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the basic educational programs of higher professional education in shortened terms in the second year - 50 calendar days); preparation and defense of final qualifying work and passing final state exams - four months; passing the final state exams - one month. The employer is obliged to provide leave without pay to: employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days; employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days; employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - four months, for passing final state exams - one month. For employees who successfully study via correspondence courses in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the relevant educational institution and back once per academic year. (as amended by Federal Law No. 90-FZ of June 30, 2006) For employees studying part-time and part-time (evening) forms of study in state-accredited educational institutions of higher professional education for a period of ten academic months before the start of their diploma project (work ) or passing state exams, a working week shortened by 7 hours is established at their request. During the period of release from work, these employees are paid 50 percent of the average earnings at their main place of work, but not less than the minimum wage. By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week. Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.

  • Liliya Romanova

    Do they provide paid study leave when studying at a university for a master's degree? First education, foreign education

    • Lawyer's answer:

      The employee studies by correspondence and works after the 5th year (he defended his bachelor’s degree, State University). Currently in 6th year. Asks to pay for study leave and preparation for the diploma. According to Art. 177 of the Labor Code "Guarantees and compensations for employees combining work with training (under Article 173 of the Labor Code of the Russian Federation) are provided when receiving education at the appropriate level for the first time", paragraphs. 2.5 tbsp. 6 Federal Law "On Higher and Postgraduate Professional Education": 2. In the Russian Federation, the following levels of higher professional education are established: higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, qualification (degree) "bachelor" - bachelor's degree; higher professional education, confirmed by the assignment to a person who has successfully passed the final certification, qualification (degree) "specialist" or qualification (degree) "master" - specialist training or master's degree. 5. Persons who have received state-issued documents on the appropriate level of higher professional education, confirmed by the assignment of a bachelor’s qualification (degree), have the right to continue training on a competitive basis in the educational program of higher professional education - the master’s program. Receiving education in the following educational programs of higher professional education is considered as receiving a second higher professional education: in bachelor's degree programs or specialist training programs - by persons who have a bachelor's degree, a specialist's diploma, or a master's degree; for master's programs - by persons who have a specialist's diploma, a master's diploma, unless otherwise stated federal laws. “Rules for providing guarantees and compensation to employees in connection with training”: When providing benefits to employees combining work with training, the employer must be guided by the following provisions. 1. Guarantees and compensation provided for in Art. Art. 173 - 176 of the Labor Code of the Russian Federation, are provided to employees only when they receive education at the appropriate level for the first time (Part 1 of Article 177 of the Labor Code of the Russian Federation). In other words, the employer is not obliged to provide study leave, pay for travel to the place of study and reduce the working week for an employee receiving a second higher education. But there is one exception to this rule. Benefits can be maintained if an employee who already has a professional education of the appropriate level studies at the direction of the employer. The need for such training should be provided for in employment contract or a special training agreement concluded between the employee and the employer in writing. (This situation does not fall under the specified exceptions). It seems that everything is clear, a second higher professional education is taking place.

ST 173.1 Labor Code of the Russian Federation.

Workers completing training programs for scientific and pedagogical personnel in
postgraduate studies, residency programs and internship programs in
correspondence courses have the right to:
additional leaves at the place of work lasting 30 calendar days during a calendar year with preservation of average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s specified additional leave while maintaining the average earnings. The specified travel is paid by the employer;

one day off from work per week with payment in the amount of 50 percent of the salary received. The employer has the right to provide employees, at their request, in the last year of study with no more than two additional days off from work per week without pay.

Employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences have the right to be granted, in accordance with the procedure established by the Government of the Russian Federation, additional leave at their place of work for a duration of three and six months, respectively, with preservation of average earnings.

Commentary to ST 173.1 of the Labor Code of the Russian Federation

1. The commented article establishes guarantees and compensation for employees who master training programs for scientific and pedagogical personnel in graduate school (postgraduate studies), residency programs and assistantship internship programs, both full-time and part-time.

Art. 173 Labor Code of the Russian Federation: questions and answers

Art. 173 Labor Code of the Russian Federation certain guarantees and compensations have been approved for employees who combine study with work duties. In ch. 26 of the Labor Code of the Russian Federation there are several similar articles that provide preferences for workers who are simultaneously studying. Art. 173 takes into account the interests of those who receive higher professional education.

Which categories of students are covered by the provisions of Articles 173-176 of the Labor Code of the Russian Federation?

Legislative support for student workers is regulated by Art. 173, 173.1, 174, 176 (Article 175 repealed) Ch. 26 of the Labor Code of the Russian Federation, depending on the type of education:

  • Art. 173 - for those receiving higher education and entering relevant university programs;
  • Art. 173.1 - for those continuing higher education beyond standard programs, as well as those receiving an academic degree;
  • Art. 174 - for those receiving secondary vocational education;
  • Art. 176 - for workers mastering basic general education programs.

At the same time, in Chap. 26 of the Labor Code of the Russian Federation considers such types educational process, How:

  • full-time education;
  • part-time;
  • correspondence

Guarantees and compensation vary depending on the type of training.

What are the types of study leaves in accordance with Article 173 of the Labor Code?

Leaves for educational process are divided into:

  1. Required:
  • mandatory (which the employer must provide according to the Labor Code of the Russian Federation);
  • optional (given by agreement with the employer).
  1. Upon payment:
  • paid according to the Labor Code of the Russian Federation;
  • unpaid according to the Labor Code of the Russian Federation;
  • paid by decision of the employer (for example, established in an employment or collective agreement).
  1. Duration, depending on:
  • type of educational process (full-time, correspondence);
  • assignment of leave (for passing entrance exams, intermediate certification, preparing a diploma project, etc.).

IN Article 173 of the Labor Code of the Russian Federation Guarantees are indicated for employees receiving higher education at the bachelor's, specialist, and master's levels.

According to Art. 173 Labor Code of the Russian Federation In addition to the mandatory provision of vacations, including with the preservation of the average salary in certain cases, the Labor Code of the Russian Federation provides for some additional bonuses for successful students. For example, annual compensation for travel to and from the place of study.

The main purpose of Art. 173, as well as the entire chapter. 26 of the Labor Code of the Russian Federation - to support citizens who work and improve their professional level by getting an education. Indirectly, the content of the article also contributes to the implementation of state standardization of professions and effective system vocational education.

Read more about this in the article “Study leave under Article 173 of the Labor Code (nuances)” .

When is paid leave possible under Article 173 of the Labor Code of the Russian Federation?

The employer must provide leave while maintaining the average salary for:

  • intermediate exams when moving from course to course in correspondence and part-time forms of study;
  • final certification upon completion of training in part-time and part-time forms.

In this case, we are talking about the persons listed in the title of the article.

When is leave for study under Art. 173 of the Labor Code of the Russian Federation is given, but without payment?

The employer must give leave, but may not pay for it without additional agreement with the employee in the following cases:

  • passing entrance exams;
  • final certification upon completion of preparatory courses for admission;
  • passing intermediate exams when moving from course to course during full-time study;
  • passing the final certification and preparing a final project during full-time study.

These holidays may be granted to persons referred to in Art. 173 Labor Code of the Russian Federation. Payment for such leaves can be made by decision of the organization (for example, if it sent the employee to study on its own initiative).

What should be the duration of leave in connection with studies under Article 173 of the Labor Code of the Russian Federation in 2017?

The duration of vacations is set in calendar days and depends on what they are given for:

  • for entrance exams and certification for university preparatory courses - 15 days;
  • for passing intermediate exams during full-time study - 15 days;
  • for passing intermediate exams for part-time and part-time studies - 40 days in the 1st and 2nd years and 50 in subsequent years;
  • for passing state exams during full-time study - 1 month;
  • for preparing a final work (project) for full-time study – 4 months;
  • for final certification for part-time and part-time education – 4 months.

What other measures exist to support students under Art. 173 Labor Code of the Russian Federation?

For part-time students, the employer must pay for travel to and from the place of study once a year. But in Art. 173 there is a condition: for those who successfully complete the program. How to determine success is not specified. According to established practice, if an employee has passed previous certification tests, continues his studies and presents a certificate from the university about the next session, his studies can be considered successful.

For part-time and part-time students in the last 10 months of study (before the final certification), the employer can provide a shortened working week. To do this, the student only needs to express such a desire (in writing). The working week can be reduced by a maximum of 7 hours with payment for these hours in the amount of 50% of earnings. In this case, the amount of earnings taken into account should not be lower than the established minimum wage.

The reduction can be expressed:

  • in providing a free day a week;
  • reducing working hours during the week.

What is the significance of state accreditation of an educational institution?

The guarantees provided to student employees are additionally conditioned by the fact that the educational institution in which the training is taking place has state accreditation. Provisions of Art. 173 of the Labor Code of the Russian Federation regarding the obligations of the employer must be observed only if the university has state accreditation. If it is not there, the right to decide whether to provide it or not, as well as whether to pay for leave in connection with studies, passes to the employer.

How are vacations processed under Article 173 of the Labor Code of the Russian Federation?

Leave is issued on the basis of a written request from the employee, supplemented by a certificate of invitation from the university where he studies and a document on state accreditation of the university.

If the decision on leave is positive, the employer issues a corresponding order, which sets out the conditions and dates of the leave.

You will learn about the order form from the article .

The shortened working week provided to correspondence workers is also formalized by order.

The provided compensation for travel to and from the place of study is made after the student worker presents travel documents (tickets).

What to do if an employee gets sick while on vacation under Art. 173 Labor Code of the Russian Federation?

In the event of an employee's illness, such leave is not extended and the sick leave period falling on the leave is not paid. However, it is still necessary to issue a certificate of incapacity for work, because if the vacation is over and the employee continues to be ill and does not come to work:

  • the slip will confirm that the reason for absence from work is valid;
  • days after the end of study leave will be paid for sick leave in the general manner.

Can vacation under Art. 173 TC coincide in time with another vacation?

Can not. If the employee is already on some kind of leave (for example, to care for a child) at the time of submitting an application for study leave, the current leave should be interrupted in order to apply for study leave.

Is it possible to combine study leave with another leave?

Can. This is explicitly stated in Art. 177 Labor Code of the Russian Federation. In addition, the receipt by an employee of study leave should not in any way affect his receipt of other required leaves.

Employees completing training programs for scientific and pedagogical personnel in postgraduate (adjunct) studies, residency programs and assistantship-internship programs through correspondence courses have the right to:


additional leaves at the place of work lasting 30 calendar days during a calendar year with preservation of average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s specified additional leave while maintaining the average earnings. The specified travel is paid by the employer;


one day off from work per week with payment in the amount of 50 percent of the salary received. The employer has the right to provide employees, at their request, in the last year of study with no more than two additional days off from work per week without pay.


Employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences have the right to be granted, in accordance with the procedure established by the Government of the Russian Federation, additional leave at their place of work for a duration of three and six months, respectively, with preservation of average earnings.

Employees completing training programs for scientific and pedagogical personnel in postgraduate (adjunct) studies, residency programs and assistantship-internship programs through correspondence courses have the right to:

additional leaves at the place of work lasting 30 calendar days during a calendar year with preservation of average earnings. In this case, the time spent traveling from the place of work to the place of training and back is added to the employee’s specified additional leave while maintaining the average earnings. The specified travel is paid by the employer;

one day off from work per week with payment in the amount of 50 percent of the salary received. The employer has the right to provide employees, at their request, in the last year of study with no more than two additional days off from work per week without pay.

Employees admitted to compete for the academic degree of Candidate of Sciences or Doctor of Sciences have the right to be granted, in accordance with the procedure established by the Government of the Russian Federation, additional leave at their place of work for a duration of three and six months, respectively, with preservation of average earnings.