My right to study leave

My right to study leaveI work on a contract while I am a student? In this case I have the right to go on study leave which is guaranteed by the Labour Code of Bulgaria. Each of the following conditions must be fulfilled :

  • I must be a student at a school or a university;
  • to work in a five-day work week; I must work on a five-day work week;
  • I must be registered/enrolled in a distance, part – time or evening education;
  • it is necessary to obtain an agreement of my employer.

N.B.! ! Full-time students are not eligible to a study leave!

Leave for admission to school/university

To prepare for the entrance exam I can ask my employer for a paid leave  for a period of:

6 working days – when applying for a high school;

12 working days – when applying for a university or doctorate.

The use of this holiday and its duration will depend on his consent. If he disagrees, I can use an unpaid leave in the amount of half  the days of the above hypotheses, namely – 3 days – for admission to high school and 6 days – when applying for university or doctorate. Important!My employer is not required to give motivations for his disagreement!

Leave foр the education

I should be able to prepare and participate in classes and appear in the appointed exams that is why I have the guaranteed right to go on a study leave. It is paid or unpaid depending on my employer’s consent.

Once my employer has granted his/her consent, I have the right to:

1.     Use full paid leave of 25 days for each year. Furthermore,  I have the right to receive a leave of 30 working days to prepare for state examination, thesis or dissertation, a scientific educational degree “doctor”.  To acquire the educational and scientific degree “doctor” I have the right of 6 months holiday and 12 months – for the scientific degree ” doctor of Philosophy.

2.     unpaid leave of:

a.     up to 20 working days to prepare and sit for an examination;

b.     up to 30 days to prepare and sit for an entrance, or a matriculation examination, including the preparation and defense of a thesis or graduation project in secondary schools;

c.     up to four months to prepare and sit for the state exam, including the preparation and defense of a thesis or graduation project at universities;

d.     up to four months to prepare and  defend a part-time doctoral thesis or doctoral students in independent study.

However, if my employer does not allow such leave, I am left with the following options:

1.     to use my regular full – paid leave of  minimum of 20 days;

2.     use unpaid leave of:

a.     up to 10 working days to prepare and sit for an examination;

b.     up to 15 days to prepare and sit for an entrance, or a matriculation examination, including the preparation and defense of a thesis or graduation project in secondary schools;

c.     up to two months to prepare and sit for the state exam, including the preparation and defense of a thesis or graduation project at universities;

d.     up to two months to prepare and protect part-time doctoral thesis or doctoral students in independent study.

I am obliged to inform the employer at least seven days before the time I want to go on a study leave.

What documents do I need?

The procedure requires the consent of my employer to be taken first. This is accomplished by submitting a written request to him. I should attach to the request a document that certifies days of employment with classes or exams.

Important! When I come back from a study leave I must present my student book, certificate or other document to prove that I have actually attended an examination or classes. Otherwise, I will not get paid for the days of absence.

(*) This paper aims to outline some basic Your rights and does not claim to be a legal adviser. If you have difficulty with the exercise of these fundamental rights or the case is more complicated – we advise you to consult a legal expert. (*)

 

Author:

Hristo Georgiev Milchev

 

[tippy title=”SOURCES” height=”300″ width=”450″]

§ Labour Code;

§ Higher Education Act;

§ Regulations on working time, breaks and holidays;

§ Letter № 94-33-138 14.10.2003 by the Ministry of Labour and Social Policy;

§ Letter № 94-PP-15 from 16.08.2001 of the Ministry of Labour and Social Policy;

§ 94LL-letter № 144 9.07.2007 of the Ministry of Labour and Social Policy;

§ 94GG-letter № 142 7.06.2005 of the Ministry of Labour and Social Policy;

§ Letter № 94-and-33 from 20.03.2000 of the Ministry of Labour and Social Policy;

§ Decision № 78 of 9.05.2008 on the OS – Rousse c e g № 1090/2007, the GIs

§ Decision № V-111 of the General Meeting 20.07.2010 – Bourgas on c e g № 1081/2010, the fifth vazz. with-in the city;

 

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