23.08.2019
Every citizen who has an official place of employment has the right to go to. But, no one is immune from the onset of the disease during this period.
What to do if the long-awaited time of rest was overshadowed by an illness, will the rest time last? All that is required is to properly complete the documents and notify the authorities in a timely manner
Is it extended if there was a disability?
Confirmation of the period spent on the restoration of working capacity is a certificate of incapacity for work. The document must be submitted to the accounting department on the first business day. Further actions with leave: extension or transfer directly depends on the desire of the employee, taking into account the opinion of the employer and the provisions of the labor code.
Important! It is necessary to warn the accountant-calculator about the opening of the sick leave. For this you can use any convenient way: telephone, mail, telegram, etc.
If the illness occurs before the already agreed vacation has begun, then the rest time can be postponed, but only with the approval of the head of the enterprise.
Many citizens are interested in the question of how to extend the vacation time in connection with the issued sheet, what needs to be done for this. In fact, for an extension, the only thing that needs to be done is to notify the authorities about the disability.
The following question immediately arises: how soon should the authorities be informed about the opening of a sick leave while on vacation?
The subordinate must regularly perform the duties set out in his job description, but during the period of rest he is freed from them.
Accordingly, the employer does not have the right to demand immediate notification of the onset of illness from a subordinate who is on vacation.
Moreover, situations are not ruled out when a person simply does not have such an opportunity, for example, is in intensive care in a serious condition.
Of course, it is necessary to warn about the opening of a sick leave, but if the employee ignores this recommendation, the manager will not be able to apply a disciplinary punishment to him.
How to apply?
The subordinate submitted to the boss, received permission, but fell ill at that time.
Such circumstances cannot be called a rarity, so you need to have information about right order actions and know how many days leave is extended due to sick leave.
Important! A certificate of incapacity for work opened during a vacation gives the right to extend the period of rest for the period of recovery of health.
That is, if a citizen was sick for 7 days, then the time of legal absence from the workplace should be increased by the same amount.
Is an application needed?
A request to extend the rest time for the duration of the illness that coincided with this period should be presented to the director in writing, if so requested by the authorities.
By law, an employee is not required to write an application for an extension, it is enough to submit a sick leave.
Theoretically, the authorities cannot force the employee to draw up such a document, however, if there is such a practice in the company, it is recommended that the employee not violate the documentary regime, but write a few declarative lines.
The application shall state the reason for and duration of the extension. The reason is the restoration of health, so the application must be a certificate of incapacity for work.
The application must include the following details:
- Full name of the head;
- the official name of the institution;
- personal data of the subordinate requesting the extension of the leave;
- title;
- the text of the form, which usually includes the request and other necessary information;
- compiler's signature and date.
The drafted document should be signed by the head and handed over to the personnel specialist, who will generate the appropriate order and hand it over to the accountant if necessary.
Is an order required?
The issuance of an order to extend the employee's leave in connection with the restoration of working capacity is not prerequisite. It is enough to get a certificate of incapacity for work.
Sick leave is enough to extend the employee's rest time.
Some organizations draw up an administrative form either due to ignorance of the provisions of Article 124 of the Labor Code of the Russian Federation, or due to the workflow established in the company.
Important! If the order is drawn up, then the application submitted to the head should be indicated as the basis.
To draw up an internal local act for renewal, use the letterhead of the company. If the institution does not have one, then you can take an ordinary sheet of paper.
The document must be drawn up in writing and signed by the head, as it describes the official reason for the absence of the subordinate at the workplace.
The renewal order must include the following information:
- the name of the institution, including the organizational and legal form;
- location of the enterprise, as well as contact details;
- number and date;
- the reason for the document;
- in the informative part of the order, the personal data of the employee in respect of whom the vacation is extended and the time spent by him to restore health should be stated;
- the grounds for compiling the internal paper, which are usually indicated by Art. 124 of the Labor Code of the Russian Federation and a written statement of a subordinate;
- sick leave number and period of illness.
The order must be signed by the head or other executive authorized to perform this function.
Confirmation of familiarization of the employee with the order can only be his personal signature.
Extension of leave for the period of illness is possible only if the illness affected the employee himself, and not his close relative.
If there are public holidays
It is possible that, while on annual paid leave, a person draws up a sick leave, which includes holidays, what happens with the extension in this case, by how many days is the date of going to work delayed due to such a coincidence?
Holiday weekends are not included in the rest period and therefore push back the moment of going to workplace the number of such holidays. That is, in advance, when an employee leaves on vacation, the employer will calculate the duration, taking into account the presence of holidays.
After the sick leave, which includes holidays, the vacation is extended only by the number of days minus holidays, since the latter are not included in the vacation period.
At the same time, the employee receives payment according to the disability certificate for all days, including holidays.
To understand how long the vacation should be extended if the illness “touched” the holidays, consider the following example.
Example
The employee must go to work on May 22, that is, in fact, be out of work for 15 days instead of 14, since May 9 is a holiday and on this holiday the time to go to working time moves away.
During his vacation, he fell ill and provided the organization with a sick leave from May 8 to 10 for 3 days, during this period the festive event on May 9 falls.
The employer must pay a sick leave for all 3 days, and the vacation will last only 2, due to the availability holiday, which, according to the Labor Code of the Russian Federation, is not included in the period of annual leave.
The employee will go to work not on May 22, but 2 days later - on May 24. There is no need to recalculate vacation pay, since the billing period has remained unchanged.
Useful video
How annual leave is extended in connection with a sick leave, what provisions of Article 124 of the Labor Code of the Russian Federation need to be taken into account - what does the law say about extending the next vacation when it coincides with sick leave, see the video:
If an employee falls ill during his annual vacation, do not be upset, the days will not be wasted, as the vacation is extended by the number of sick days. It is better to inform management about your disability as early as possible so that it is prepared for the absence of an employee on the due day.
It is important to take into account that if holidays declared as official holidays fall into the period of incapacity for work, you need to extend the vacation only by the number of days minus such holiday events.
If you get sick on vacation, don't fret! The law is on your side.
Labor relations with an employee who fell ill during the annual paid leave are regulated by the Labor Code of the Russian Federation. According to the norms of the Labor Code of the Russian Federation, in the event of a temporary disability of an employee during the vacation period, the annual paid leave must be extended (Article 124). The period of temporary disability in this case is paid in the generally established manner ( letter FSS of Russia dated 05.06.2007 N 02-13 / 07-4830).
The vacation period is automatically extended by the corresponding number of days, and the employee is obliged to immediately notify the employer about this ( 18 ).
This means that if an employee falls ill while on vacation, then in order to extend the vacation by the appropriate amount calendar days, he must receive a certificate of temporary incapacity for work. In this case, the employee can notify the employer about the onset of the disease in any way convenient for him- by mail, telephone, telegram, etc. In addition, the employee is obliged to inform whether he is going to extend the vacation or intends to start work at the end of the vacation, and to reschedule those vacation days that he was sick.
When extending a vacation, it is not necessary to recalculate vacation pay, since payment is made for a specific period of vacation, and for a period of illness, the employee is paid temporary disability benefits. Recalculation of vacation pay is necessary only when the vacation is postponed for another period, if the settlement period used to calculate average earnings changes.
What to do if an employee was issued a sick leave during the period of annual leave?
If during the annual paid leave the employee was issued a certificate of incapacity for work, the leave is extended or rescheduled for another period.
To assign and pay benefits for temporary disability, the employee must provide the employer with a certificate of incapacity for work (paragraph 5 of article 13 federal law dated December 29, 2006 N 255-FZ "On the provision of benefits for temporary disability, pregnancy and childbirth of citizens subject to compulsory social insurance").
If the employee has submitted a certificate of temporary disability issued during the annual paid leave, then the employer is obliged to extend the leave (part 1 of article 124Labor Code of the Russian Federation ). The vacation is extended by the number of days that coincided with the period of temporary disability. In this case, it is not required to issue an order to extend the vacation.
According to Art. 124 Labor Code of the Russian Federationannual paid leave may be postponed for another period in case of temporary disability of the employee, and the employer has the right to independently determine this period, taking into account the wishes of the employee.
In case of illness of an employee who is on vacation followed by dismissal vacation is not extended. This is stated in the letter. Rostrud dated December 24, 2007 N 5277-6-1. During the period of illness during the period of vacation with subsequent dismissal, the employee is paid temporary disability benefits, but the vacation is not extended by the number of days of illness (despite the provisions of Article 124Labor Code of the Russian Federation).
As for the documentation of the extension of the vacation, then application from the employee in this case is not required, because according to 18 Rules on regular and additional holidays(approved Decree of the NCT of the USSR dated April 30, 1930 N 169) the vacation period is automatically extended by the corresponding number of days during which the employee was on sick leave.
23.08.2019
Every citizen exercising his labor activity on an official basis, according to the Labor Code of the Russian Federation, he has the right to an annual paid rest time.
During the vacation, an employee can get sick and take sick leave.
In order to receive compensation for the days of illness that coincided with rest, he should adhere to certain tactics of action.
What to do if temporary disability falls on the next vacation?
The onset of a period of temporary disability does not indicate that it is spoiled. Is it possible to take sick leave and count on its payment?
Important! The first thing to do if you fall ill on vacation is to report the illness to your superiors.
An employee whose fact of illness during his vacation is confirmed by an appropriate document has the right to contact the employer for the purpose of transferring and. Each situation requires documentation.
Extension under the Labor Code
If an employee goes on sick leave during the annual next vacation, then the extension will be carried out automatically on the basis of the presented sheet.
In some cases, an employee may prepare an application to extend the rest period. It is not required, but is often requested by management.
How is the application written?
If the employer asks to provide such an application, then it displays the following information:
- Company name;
- Name and position of the head;
- paper name;
- Name and position of the employee;
- the date of the application;
- the main part is a request for an extension, which indicates the period of illness;
- link to the application - a sheet of temporary disability;
- signature and decryption.
unified form There is no application to fill out, so it is issued in a free form. To do this, use the letterhead of the company or an A4 sheet.
Important! A sick leave sheet must be attached to the document. Without it, the application is considered invalid.
Sample application for extension if sick leave and vacation matched -:
How to place an order?
In turn, the employer, after receiving the application and making a positive decision to extend the vacation, may issue an appropriate order, but this is not his responsibility.
The basis for its extension is a sick leave received from an employee. No other documents are required.
However, if the company wants to increase its document flow, then an extension order can be drawn up.
There is no established form for drawing up an order, as in the previous case, therefore, when writing it, you should follow similar rules.
The order may contain information of the following type:
- the full name of the company, an indication of its legal form;
- company contact details and address;
- order number;
- date and place of drawing up the document;
- paper name;
- main part. It includes an indication of the reason for extending the vacation and the period by which this time is increased;
- Name and position of the employee;
- duration of temporary disability of the employee;
- link to the application (sick leave);
- indication of the grounds for issuing an order (application);
- link to article 124 of the Labor Code of the Russian Federation;
- signature and decryption
Transfer according to the Labor Code of the Russian Federation
If a sick leave was taken during paid leave, then, in addition to the extension, the employee can apply for.
At the same time, the period for which it is transferred is determined jointly with the employer.
To perform this action, the employee must complete an application.
It should contain the same information as in the case of the extension of rest.
The only difference is that the document must indicate the desired date, upon which the employee wants to take advantage of the remaining vacation days.
Further, the application is considered by the management of the company. If a positive decision is made, the employer issues an appropriate order. There is no unified form for filling out such documents, so they are drawn up in a free form.
The order can be drawn up by a responsible person, who the head has chosen independently. In this case, the document is valid only if it contains the signature of the immediate head of the organization.
Sample order for transfer on sick leave -:
Is the list payable?
In accordance with the current legislation of the Russian Federation, payment for a period of temporary disability while on annual paid leave is carried out in the same way as in any other situation. The employee is entitled to the accrual of a sum of money calculated on the basis of the size of his average monthly earnings. An important condition for receiving this payment is the registration of a sick leave in the territory of the Russian Federation.
Important! If an employee falls ill while in another country, the employer has the right to refuse to pay sick leave.
To receive a payment, a citizen must apply to medical institution located in the state in which he fell ill. Specialists of a foreign clinic should provide him medical care and issue a temporary disability certificate.
Upon returning to the Russian Federation, the employee must visit the clinic and provide the doctor with the previously received sick leave. In accordance with the data contained in the document, the specialist must issue a sick leave drawn up according to Russian standards. Only after receiving a document of such a sample, a citizen should apply to the employer for compensation.
What to do if a child care leaflet is issued?
There are situations in which, while on annual paid leave, not the employee himself, but his child, falls ill.
In the presence of such circumstances, payment for sick leave, transfer and extension of vacation is carried out differently. .
In accordance with the current legislation of the Russian Federation, issued while in the annual paid vacation period, is not subject to payment.
In addition, it is important to consider that the vacation in such cases is not extended or transferred. The implementation of these actions is possible only in case of loss of disability of the employee himself.
If the time of the child’s illness has dragged on until the moment when the parent needs to go to work, it is necessary to issue an appropriate sick leave certificate. At the same time, it will be paid only from the day the annual leave of the mother or father ends. Compensation calculation should be carried out in a standard way.
If you fell ill on vacation with subsequent dismissal?
Useful video
What to do if the time of illness falls on annual paid leave, is it possible to take a sick leave, will it be paid, what will happen to the rest - the answers to all these questions can be found in this video:
Another vacation may coincide with temporary disability. This is not scary, vacation time will not be lost, but will be extended or rescheduled. The sheet will be paid in full even if the vacation is issued with subsequent dismissal.
It's fast and free!
AT winter period many employees take another one to relax with their family at home or in resorts on cold winter days. However, in winter there is a great risk of getting sick and instead of a wonderful rest, lie at home with a temperature. How to be in such a situation? Is it possible to extend sick leave? Should an employee take sick leave if he is on vacation? In what cases will sick leave not be paid? Let's consider this issue in more detail.
If, due to circumstances, during your next vacation you get sick, do not worry, the law is on your side. Labor law The Russian Federation, in particular Article 124, guarantees you an extension of leave due to temporary incapacity for work or the transfer of leave, while you have the right to receive compensation for the period of illness. Do not forget that the only document which confirms the disease in this case, is a certificate of ability to work, which must be correctly executed and provided to the employer for payment no later than 6 months after the employee's recovery.
Actions of the employee in case of illness on vacation
In case of illness on vacation, the employee is obliged to inform his employer that he is on sick leave in any possible way: by telephone, telegraph, through the post office, by e-mail or in another way. Also in this notice, the employee is obliged to report what suits him more: extending the leave in connection with the sick leave or transferring it to another period.
After recovery, the employee is obliged to hand over to the enterprise a sick leave certificate, which serves as confirmation that he was ill and the basis for documenting the extension of the vacation. If the employee is counting on extending the sick leave, then it is enough for him to provide the accounting department with a correctly executed certificate of incapacity for work. In such a situation, an adjustment is made in the employee's time sheet. In this case, it is not necessary to issue an additional order to extend the vacation, the sick leave is a confirmation of such an extension. However, many personnel officers will require you to write a statement that you plan to extend the vacation, for insurance purposes.
Features of transferring leave due to illness
If the employee does not want to extend the vacation, but considers it preferable to transfer it to another period, then in this case it is imperative to write a statement indicating the reason why the vacation is postponed, as well as the exact start and end dates of the vacation note. In this case, an order should be issued for the enterprise to postpone the vacation on the basis of the sick leave and the employee's application.
If the employee decides to postpone the start date of the vacation note to a new date, then it should be noted that it must be used within 12 months following the year for which it was provided. In addition, labor legislation prohibits the non-provision of paid regular leave for more than 24 months, as well as persons under 18 years of age and employed at work with hazardous conditions labor.
Cases when sick leave should not be paid on vacation
Despite all the privileges, an employee who falls ill on vacation does not always have to be paid sick leave. Sick leave during vacation will not be paid if:
- the period of illness coincides with study leave;
- sick leave issued on vacation;
- sick leave issued for the period of vacation without pay (at own expense);
- the reason for obtaining a sick leave is a sick child or a sick family member;
- sick leave received during parental leave;
- the reason for obtaining a disability certificate was alcohol or drug intoxication employee;
- in the sick leave there is a note that the employee did not fully comply with or violated the hospital regime.
In cases where the sick leave issued to you falls into one of the above categories, you cannot count on sick leave compensation for this period. For example, an employee was on vacation without pay from 08/25/2014 to 09/12/2014, on vacation he fell ill and received a sick leave from 09/10/2014 to 09/17/2014. Sick leave payment from 09/10/2014 he will not receive a year until September 12, 2014, since for this period he had a vacation at his own expense, and the fund will compensate for 5 days of incapacity for work. At the same time, in the time sheet, the entire period of vacation without pay will be marked with the code TO, and starting from September 13 until the end of the sick leave, there will be a mark B.
In all other cases, you can count on an extension of sick leave after you provide your employer with a sick leave. In this case, the next vacation will be extended by the number of days that you were on sick leave.
Notwithstanding clause 124, if an employee who is on leave with a subsequent dismissal becomes ill, the leave in this case is not extended. This restriction is stipulated in the letter of Rostrud dated December 24, 2007 N 5277-6-1. In this case, compensation for the period of incapacity for work is accrued to the employee, but vacation for the same number of days is not extended.
Do I need to write an application if you want to extend the vacation
Most specialists in labor law believe that the employee's application is necessary only in the event of transferring the vacation to another period, since only in this case the employer takes into account the wishes of the employee. And if the employee has not expressed his desire, then the extension of the leave due to sick leave occurs automatically, therefore, his application is not necessary. At the same time, other experts are sure that the transfer or extension of sick leave is the choice of the employee himself, so there must be his written statement about which option he chose. Also, some of them believe that in the first option it is not necessary to draw up an order to extend the vacation, when other specialists are more categorical in this matter. In this matter, it is impossible to decide which of them is right and who is not, because there are no official explanations. It is for this reason that most enterprises require employees to write statements even if the next sick leave is extended, and also draw up orders even if the employee decides to extend his next sick leave.
Making an application and order
Despite the fact that the Law does not provide for an application for the extension of vacation, as well as an order to extend it, most enterprises and organizations prefer to insure themselves and draw up these documents. Since there is no special form for an application for an extension of the next vacation in connection with a certificate of incapacity for work, it must be drawn up in any form addressed to the director of the enterprise. In this application, the employee should indicate the period of the next vacation that was originally granted to him, the number of calendar days for which the vacation is extended, and also indicate the basis for writing this application: sick leave indicating the series, number and period of incapacity for work.
Further, on the basis of the application of the employee, as well as the issued sick leave, an order is drawn up to extend the vacation, the reason for which was the sick leave of the employee. Mandatory form there is no such order, therefore it must also be drawn up in any form. AT this order be sure to indicate the period of extension of the next paid leave, the legal grounds for the formation of the order: article of the Law, application of the employee, series and number of the sick leave. The employee must be familiar with this order under the signature.
Cases of extending the main leave
An open sick leave during the next vacation is not the only reason for its extension. There are other cases for extending leave:
- if the main vacation and study leave fall on the same period;
- in the performance of public duties;
- other cases provided for by law, as well as regulatory
If the employee went to his workplace, but did not provide a document confirming that he was really on sick leave when he was on vacation, HH should be put in front of his surname in the time sheet - non-attendance for unknown reasons. It is recommended to change the HH mark to B (sick leave) and OT (vacation) only when the employee provides a fully completed sick leave, and also writes an application for the extension of the next leave due to illness.
Ways to extend vacation
There are two main ways to extend the main leave if the employee falls ill during this period, depending on when exactly the illness occurred:
- if the employee fell ill before the start date of the vacation note, he, together with the employer, can determine a new period of the main vacation;
- if the employee falls ill during his next vacation, it is extended by the number of days for which the sick leave is issued, but the employee must inform the employer in advance.
In both the first and second cases, the employee can independently choose for himself the period for extending the next vacation or its transfer, while the consent of the employer is not necessary.
Should I warn the employer about the illness on vacation?
Let us dwell in more detail on the obligation of the employee to warn the employer in advance that he fell ill during the holidays. The labor legislation of the Russian Federation, in particular Article 91 of the Labor Code of the Russian Federation, states that an employee must perform all his duties in full only during working hours. However, an employee who is on vacation, as well as an employee who is on sick leave, are completely exempt from their job duties under Art. 106 of the Labor Code of the Russian Federation.
Thus, there are no legal grounds for the employer to require the employee to immediately report if he is going to present sick leave on vacation, this can only be considered as a recommendation. In addition, not in all situations, the employee can report the disease at his place of work on the same day (for example, when the employee is in serious condition). If possible, the employee must inform his employer about the illness, but if this has not been done, the employer cannot bring him to disciplinary responsibility and consider his actions as a violation of labor duties.
Financial features of the vacation extension
AT financial terms the transfer and extension of leave in connection with sick leave have a number of differences. Each of the employees should know this before choosing what is more profitable for him. In the case of extension and transfer of vacation, there will be a different amount of vacation pay. If the employee chooses to extend the vacation as an option, then the amount of the average daily salary for calculating vacation pay will be the same as when calculating the vacation, during which the period of incapacity for work fell. In the event of a transfer of vacation, the size of the average daily salary for calculating vacation pay can be very different, since a different billing period will be taken for their calculation, which may change the amount of vacation pay.
By law, vacation pay is paid three full days before the start date of the vacation, so there may be misunderstandings between the employer and the employee. If he wants to extend the vacation, then there will be no problems, but if the employee wants to postpone the vacation due to illness, and he has already received vacation pay, then some questions may arise.
Please note that the employee does not have to return the amount of vacation pay already received. Vacation pay should not be deducted from the employee's salary, even if the next vacation coincided with a period of incapacity for work - this is a direct violation of Article 137 Labor Code RF. Withholding the amount of vacation pay is possible only when calculating the employee. If an employee falls ill on vacation and has already received vacation pay, then vacation pay is not withheld, but later, when the employee takes off the postponed vacation, vacation pay is no longer necessary.
Responsibilities of the human resources department
Before sending an employee on vacation, the personnel officer conducts a conversation with the employee and warns him that it is imperative to notify the company in case of illness during his vacation. Also, personnel officers should bring to the attention of the employee the need to immediately decide which option suits him best: extending the vacation for the period of sick leave or transferring it. For personnel officers, this plays a big role, since during the absence of an employee due to illness at the workplace, someone else performs his duties, it is necessary to agree in advance with the person on the extension of the combination of duties or look for a new candidate.
An employee can submit a fully completed sick leave to the accounting department for payment, even if his vacation, in which he fell ill, is not yet completely over. The main thing is to first take a photocopy of it, which should be attached to the application for an extension of the vacation.
No one is immune from illness during the next vacation, so you should know all the nuances so as not to conflict with the management of the enterprise. First, be sure to tell personnel service about the disease; secondly, discuss whether you will extend the vacation or reschedule; thirdly, inform about the date of closing the sick leave; fourthly, provide a sick leave and write a statement if it is required of you. If you follow all these rules, you will avoid misunderstandings with the management of the company in which you work.
The long-awaited and long-planned vacation has come, you are in seventh heaven with happiness. But quite inopportunely got sick. The question rightly arises: how will the sick leave be paid during the vacation and what will become of the legally earned annual leave? The topic is not pleasant, but every employee should know such nuances so as not to worry about trifles later.
Disability period
According to the Labor Code of the Russian Federation (Article 124), if an employee was on sick leave, the vacation is either extended or postponed to another period. Thus, the legislation provides for this situation. At the same time, the transfer of vacation is possible only on the basis of a written application from the employee (you can find a sample application in the article). At the same time, the employer sets a new term taking into account the wishes of the employee (according to part 1 of article 124 of the Labor Code of the Russian Federation). In the event of an extension of leave, an application from the employee is not required.
In a situation where the vacation coincided with sick leave, a very important point is the opening of a sick leave. The patient must go to the clinic to the attending physician and, in the usual manner, issue a certificate of incapacity for work. Moreover, registration is mandatory for both outpatient and inpatient therapy. For a doctor, it makes no difference whether a person is on vacation, the most important thing is the presence of a compulsory medical insurance policy.
Since 2017, implementation has been carried out throughout the Russian Federation electronic sick leave. This means that a sick citizen can now choose the method of issuing a sick leave - on paper or in electronic form.
Sick leave during vacation begins on the first day of contacting a medical institution and continues until closing, in other words, until the patient has fully recovered.
Employer action plan
An employee who has fallen ill while on vacation must notify his employer of the fact. In the case of part-time work, not only the main, but also additional employers are notified (subject to taking several sick leave certificates - for each place of work).
An employer who has received a closed sheet of temporary disability from his employee must do one of two things:
- extension of leave after sick leave for the period of disability of the employee;
- transfer of vacation days to another time, if the employee gives his consent to this.
The first option does not require any action from the employee, and the transfer of a certain number of vacation days to another period involves personal statement of the employee addressed to the head of the company.
The transfer of vacation days is accompanied by the issuance of an appropriate order. If an employee is delayed on the next vacation for the time he was sick, the sick leave itself serves as the basis for this. Some employers, for the sake of insurance, nevertheless issue an order to extend the vacation.
Sample application letter for postponement of leave
sample order
sick leave payment
An employee may be interested in the question: is sick leave paid during vacation? Yes, the procedure for calculating this sick leave is identical to the working period and includes the following operations:
- the average daily earnings of an employee are calculated based on the base of 2 previous years, divided by 730 calendar days;
- the duration of the insurance period is calculated excluding all non-insurance periods;
- 10 days are allotted for the calculation of temporary disability benefits.
If sick leave falls on vacation, it is paid according to general rules. In other words, the employee will receive the full amount of the temporary disability benefit due, which is paid on the day the cash is issued. Money in the company (or credited to plastic card employee in case of non-cash settlements with personnel).
Even if the irresponsible employee did not inform the employer about the fact of his illness, according to the law, he cannot be denied payment of the sick leave brought after the “after-sleeping”.
The effect of a sick leave on the duration of the next vacation
In a situation where an employee falls ill during a legal vacation, he can take these days off immediately after the planned end of the vacation or write an application to transfer these days to another time. Sometimes a very difficult situation arises when an order is issued on the date of the next vacation, for example, from March 1. And the employee fell ill and took sick leave from February 27. What should he do in this case?
In any case, the most correct would be to notify the employer of his disability and resolve the issue of extending the vacation or postponing these days to a later date.
Situations when sick leave is not paid during the vacation
Russian legislation provides for several situations when the time of incapacity for work is not paid. There may be several such cases:
- sick leave during study leave. The employee can only count on payment for those days that fell on the period of work after the end of the study leave;
- days of disability included in the period maternity leave employees;
- sick leave included in the duration of the leave without saving wages(at the expense of the employee);
- time to care for minor children or elderly relatives.
Upon the occurrence of one of the listed cases, the employee must be aware of the legal justification for refusing to pay this sick leave. Therefore, such a sick leave does not logically require registration if the employee is on vacation.
Example: an employee took a vacation without pay for 3 days on family circumstances. On the 2nd day, he was hospitalized and underwent inpatient treatment for 5 days. The sick leave taken according to the general rules will be paid as follows: 5 - 2 (second and third day of vacation) = 3 days. The entire period will be paid at the expense of the company's profit (the first three days of incapacity for work). “Lost” vacation days are not transferred anywhere and are not extended for the period of the employee’s disability.
Sick leave to take care of a child while on vacation
If a woman’s child falls ill during a vacation and she takes sick leave to care for him, the vacation is not extended or transferred. The sick leave is issued from the day on which the employee was supposed to start work (clauses 40-41 of the Procedure for issuing sick leave certificates). For example, a woman was on vacation from March 2 to March 30. In this case, she must be discharged from the hospital for child care from March 31. If the citizen did not inform the doctor that this moment is on vacation, and the sick leave was discharged earlier (for example, on the 25th), the remaining days that coincided with the vacation will not be payable.
Sick leave during vacation at own expense
A temporary disability certificate is issued from the day the vacation ends. All vacation days at their own expense are marked in the time sheet with the code "TO". The sick leave, which was issued during the vacation at his own expense, is not reflected in the report card due to the fact that it does not have any effect on the vacation. Leave is not interrupted or extended. The days of illness are marked in the report card with the code "B", starting from the day when the employee was supposed to return to his duties.
Sick leave during maternity leave
In this case, a temporary disability sheet is not issued (see clause 40 of the Procedure for issuing sick leave certificates). If a woman hides from the doctor that she is on parental leave, then the sick leave issued to her will not be payable. However, if a woman works part-time or at home, then the sheet must be issued and paid on a general basis. But in any case, the vacation will not be extended. If a woman has two or more children and they fell ill at the same time, a single sick leave is issued.
This article is for informational purposes only. labor issues it is better to decide on an individual basis, delving into the legal justification of the position of both parties in more detail.