An educational leave is one of the important tools for combining work activity and education acquisition. In the conditions of the modern labor market, where constant skill enhancement has become a necessity, employees increasingly exercise their right to temporary leave from work to take exams, attend sessions, or defend their thesis.
Ukrainian legislation, in particular the provisions of the Labor Code, clearly regulates the procedure for granting such leave, its duration, and payment. During martial law, some aspects of labor relations have changed, but the right to educational leave remains. An employee who is studying at an educational institution has the opportunity to combine professional activity with learning without losing their job, which is an important factor of stability and development. The employer, for their part, is obliged to take these circumstances into account and act in accordance with current legislation, even under conditions of restrictions related to wartime.
What is Educational Leave
Educational leave during wartime is a special type of social leave granted to employees for training at educational institutions without interrupting production. It implies temporary exemption from fulfilling labor duties while retaining the job. The main reason for granting it is official confirmation of the educational process, as a rule, a call certificate from the educational institution. Such leave is regulated by labor legislation and depends on the form of study, level of education, and type of educational institution. Importantly, educational leave is granted only to those employees who are studying at accredited institutions. During martial law, the procedure for granting it may be somewhat more flexible, but key guarantees remain unchanged – an employee cannot be dismissed due to studying, and their right to education is protected by law.
Types of Educational Leave
There are several types of educational leave that are determined based on the purpose of study. The most common is leave for taking tests and exams, which is granted to students during sessions. Separate leave is allocated for preparing and defending a diploma or taking state exams. Leave is also provided for admission to educational institutions, when the employee has the right to temporarily leave work to take entrance exams. For graduate students and doctoral candidates, there are special types of leaves related to the preparation of scientific works. Each of these types has its own specifics regarding duration and conditions for granting. All of them are formalized based on documents from the educational institution and a corresponding application from the employee. It is important to distinguish between paid and unpaid educational leaves, as this directly affects the financial situation of the employee during their studies.
Application for Educational Leave
Before exploring how educational leave payment works, it is worth considering what application for educational leave should be drafted.
To obtain educational leave, the employee must submit an application addressed to the employer. The application specifies the grounds for granting leave, its duration, start and end dates, and a supporting document – a call certificate. The document is prepared in a free form but must include mandatory details: employee data, company name, reference to the educational institution, and signature. After submitting the application, the employer issues an order to grant the leave, which serves as grounds for the employee’s exemption from work for the specified period. During wartime, electronic submission of the application is permitted if this is provided for in the internal rules of the enterprise. It is important to adhere to the document submission deadlines to avoid refusals or delays in processing the leave.
Duration of Educational Leave
The duration of educational leave depends on the level of education and form of study of the employee. For students of higher educational institutions, it can range from a few days to several weeks, depending on the study period. For example, a different duration is envisaged for taking a session than for defending a diploma, usually longer. Employees acquiring secondary or vocational education also have the right to leave, but its duration may differ. During wartime, certain adjustments to study schedules are possible, which also affects the terms of leave. However, the employer does not have the right to unilaterally reduce the legally established duration. All changes must be based on official documents from the educational institution.
Payment for Educational Leave
Payment for educational leave depends on its type and grounds for granting. In most cases, leave is paid for employees studying at higher education institutions on a part-time or evening form. It is paid based on the employee’s average salary. In general, it is important to understand whether educational leave is paid.
For this, the company’s accounting department calculates the average income for the previous period and makes the corresponding payments. At the same time, some types of educational leave may be unpaid, especially if it concerns additional training or enhancement of qualifications at the employee's initiative. During martial law, the issue of payment may depend on the financial condition of the enterprise, however, legislative guarantees regarding mandatory payments remain in effect. The employer is not allowed to refuse payment if it is provided under the Labor Code norms and the employee has fulfilled all conditions for obtaining such leave.
Educational Leave During Wartime
In the conditions of martial law, labor relations in Ukraine have undergone certain changes, however, the right of employees to educational leave has not been canceled. Legislation stipulates that even in difficult circumstances, an employee has the opportunity to combine work with learning if this is confirmed by relevant documents. At the same time, the employer has received more flexibility in organizing the work process, which sometimes affects the timing of granting leave. For instance, in case of production necessity or limited resources, there may be a need to agree on leave dates between the parties. However, complete refusal to grant leave without legal grounds is a violation of the employee's labor rights.
A feature of wartime is the possibility of distance learning, which also affects the practice of issuing leave. Some employers may offer alternative options, for example, a flexible work schedule or partial exemption from duties without issuing full leave. However, such decisions must be made solely with the employee's consent. If the educational institution officially issues a call certificate, the employer is obliged to take it into account. Moreover, during martial law, electronic document management is allowed, which significantly simplifies the procedure for submitting applications and confirmations. It is important that all guarantees regarding job retention remain valid, regardless of the conditions of wartime.
Procedure for Issuing Educational Leave
The procedure for issuing educational leave involves a clear sequence of actions from both the employee and the employer. First, the employee obtains a call certificate from the educational institution, confirming the necessity of their participation in the educational process. After that, an application is drafted to the head of the enterprise indicating the period of leave and the grounds for its granting. The application must necessarily include a copy or original of the call certificate.
After considering the documents, the employer issues an order for granting educational leave. The order specifies the start and end dates of leave, its type, and grounds. Based on this document, the HR department makes the corresponding entries in the accounting forms, and the accounting department calculates payment, if it is provided. If necessary, the employee may be informed of the order by signature or in electronic form. It is important to follow the internal rules of the enterprise regarding document management, as incorrect execution can lead to delays or misunderstandings.
Common Mistakes in Issuing Educational Leave
One of the most common mistakes is the absence or incorrect execution of the call certificate. Without this document, the employer has no grounds to grant leave, which may result in a refusal. Mistakes in the application itself also often occur: incorrectly specified dates, absence of a signature or incorrect wording of the grounds. Such inaccuracies can prolong the processing time or require re-submission of documents.
Another problem is failure to comply with application submission deadlines. If the employee approaches with a delay, the employer may not be able to timely process all documents. As a result, this creates a risk of conflicts or incorrect accounting of working time. Also, a common mistake is the incorrect determination of the type of leave, which affects its payment and duration. For instance, the employee may mistakenly apply for unpaid leave instead of paid leave.
From the employer's side, violations may also occur, in particular, refusal to grant leave without legal grounds or incorrect calculation of average salary. Such actions may lead to labor disputes and liability. To avoid such situations, it is important to carefully check all documents and follow the requirements of the legislation and internal procedures of the enterprise.