The employee was on sick leave while on vacation. Is it legal to extend leave in connection with sick leave according to the Labor Code - possible cases with examples. Extension of vacation without warning

On vacation, an employee may fall ill.

What if the sick leave is on vacation and is the vacation extended for the duration of the sick leave?

It is important to correctly draw up documents for extending or postponing a vacation, as well as timely warn the accounting department and the manager about sick leave.

In order to confirm being on sick leave during the vacation, the employee must bring a sick leave when leaving for work.

But before that, you must notify the employer in advance in any way, for example, by phone (by mail, telegram).

He must also inform whether the vacation will be extended or postponed.

If the employee falls ill before the start of the vacation, then, by agreement with the employer, he is postponed to another time.

Should you warn your employer about illness on vacation

The employee must fulfill his job duties during business hours.

If he is on vacation, he is completely freed from work processes. Therefore, the employer has no right to require the employee to immediately report sick leave on vacation.

Moreover, the employee cannot always report the illness on the same day (the serious condition of the employee).

The employee should, if possible, inform the employer about the sick leave, but if he does not, then the manager has no right to bring him to disciplinary action.

The procedure for extending leave in connection with sick leave

Is sick leave paid while on vacation? A hospital benefit must be paid if an employee is sick or injured in any way while on annual leave.

The rest will be extended for the duration of the illness by the number calendar days.

The unspent part can be provided at any time convenient for the employee.

If an employee extends the rest due to illness, all days of illness must be excluded from the billing period. is made depending on how long the employee worked for the employer minus the days of illness of the employee. If an employee falls ill, then the rest is not extended to him, but is paid before the closure of the certificate of incapacity for work.

An employee can go to work at the end of the vacation and write an application for the transfer of days that have not been spent.

In the application, it is necessary to indicate the reason for the postponement of vacation (due to sick leave), the date to which the employee wants to postpone the vacation.

A sick leave must be attached to the application. The transfer is registered by an order in any form.

When transferring, it is also necessary to indicate in the personal card (form No. T-2) after the vacation records, how many days of vacation have been spent, and which part has been transferred, confirm with the details of the transfer order.

Only in this case, with this registration, the vacation can be postponed to another time. It is important to know that the employer is not obliged to provide this transfer of leave. This is his right, but not his duty. Transfer is possible upon reaching an agreement between the employee and the employer.

Transfer annual leave possible for another period of time in mandatory at the written request of the employee, if the manager did not warn the employee about the vacation in time (2 weeks in advance), or did not settle with him in time ().

When carrying out the transfer of vacation, the employer must recalculate the vacation pay for the days of vacation that have been transferred.

Vacation pay that has already been paid can be offset against payments that will be due to the employee in the future. However, the manager cannot withhold vacation pay for unspent vacation days from his salary.

Cases when sick leave should not be paid on vacation

Sick leave on leave should not be paid if:

the time when the employee fell ill coincides with the study leave;
bulletin received at;
the bulletin was issued on leave without pay (at own expense);
the basis for issuing a sick leave is a sick family member;
the sick leave was issued during the period;
the basis for obtaining sick leave - alcohol or drug intoxication of the employee;
there is a mark on the violation in the sick leave hospital regimen an employee.

If an employee feels serious discomfort on paid vacation, he goes to the clinic, where they issue a certificate of incapacity for work. Sick leave while on vacation is a reason not only to officially extend the vacation legally, but to postpone it to another period.

How a certificate of incapacity for work is drawn up during the vacation

Illness during a well-deserved rest for officially working citizens is not yet a reason to deny themselves the long-awaited time off.

According to the law, Russians who fall ill during vacation have the right to postpone the unused period or extend the vacation with the help of sick leave. In order not to miss the additional days for recovery established by law, citizens must contact a medical institution for a certificate of incapacity for work.

Only the attending physician has the right to issue a certificate. Sick leave is not issued by an ambulance team, cannot be discharged in sanatoriums, given by hand of junior staff - by nurses, paramedics.

The law allows issuing a certificate for both inpatient treatment and outpatient care. The type of treatment cannot influence the length of the additional "rest" from work or its payment.

The employee is obliged to do the following:

Contact the clinic at the place of registration. The attending physician will write out a certificate of incapacity for work.
Inform the employer about the disease. It is recommended not to delay contacting the management: the sooner the authorities find out about what happened, the more loyal the attitude towards the patient will be.
Choose how to use the remaining vacation period: use it immediately after recovery (combine with sick leave) or postpone it for another period.
Share your decision with an authorized employee.

The accounting department and the personnel department should know how the sick employee took advantage of the legal right to take off the days remaining after the vacation.

Feeling unwell during the annual or additional paid vacation can lead to additional "days off". To do this, the employee must take care of the availability of a certificate from the hospital.

The extension of paid leave in connection with sick leave is carried out for the number of days prescribed by the doctor in the certificate of incapacity for work. The employee is obliged to notify the management of the illness no later than the end of the rest period.

The law stipulates that the employer has no right to refuse to provide extra days for recovery, including in the event of a prolonged absence (for example, due to injury). If the next vacation coincides with the issued sick leave, it, at the request of the patient, is automatically extended.

The basis for the extension is the provision of a certificate of incapacity for work to the personnel department or accounting department.

It includes:

The name of the medical institution that issued the certificate.
Full name and signature of the attending physician.
Grounds for temporary disability: name of the disease, description.
Terms of granting "time off".
The name of the organization in which the patient works.

The vacation can be extended only for the number of days indicated in the certificate. Therefore, it is recommended to seek treatment at the clinic with the appearance of the first symptoms of the disease, so as not to waste the day off.

Transfer of part of the vacation due to illness of the employee

If the employee does not want to combine vacation and sick leave, he is obliged to notify the employer about this immediately after receiving the certificate. Otherwise, the days indicated in the document from the clinic will not be counted as a period of temporary disability.

The transfer of the remaining days from the next time off is carried out within 12 months from the date of registration of the medical document. The employee has the right to use the entire period at a time or divide the end of the vacation into several parts.

The law establishes that the employee is entitled to vacation within 1 calendar year after the start labor activity in new organization... The employer has no right to refuse to grant a long absence for 24 consecutive months. The condition is also relevant for the transfer vacation days due to illness during the rest period. Ignoring this rule is a violation. employment contract and is punished under Article 330 of the Criminal Code of the Russian Federation "Arbitrariness".

Citizens who fell ill during a well-deserved rest do not always use the legal right to issue a certificate of incapacity for work in a polyclinic. The reason for this is that more than 30% of workers in the Russian Federation are not aware of whether sick leave is paid while on vacation.

According to the Federal Law of December 29, 2006 N 255-FZ, all days spent on sick leave during paid leave are subject to reimbursement.

An employee can receive financing after submitting a sick leave to the accounting department. Depending on the length of service, funds are transferred in the amount of 60-100% of the average wages:

insurance experience up to 5 years - no more than 60%;
5-8 years - up to 80%.

When working for 8 years or more, 100% of earnings in the company are paid.

The employer must pay the sick leave. The term for receipt of funds should not exceed 14 working days from the date of submission of documents. It is allowed to include funding due to illness in the next calculation, for example, advance payments. The sick leave is calculated taking into account the deductions to the Federal Tax Service of the Russian Federation.

Methods of payment for a certificate of incapacity for work during vacation days

When calculating payment for a period of temporary disability, an important role is played by the method chosen by the employee to use the remaining days off. How sick leave is paid while on vacation:

Additional crediting to the employee's account in case of renewal.
Vacation pay is recalculated if the citizen has chosen to postpone the rest.
In the first case, the accounting department calculates sick leave without recalculating vacation payments. The employee does not have to return part of the funds or worry about charging interest on future payroll credits.

If the employee refused to extend the vacation due to illness, there is a shortage of funds in the accounting department. Initially, the citizen received the entire payment in connection with the next vacation. Its transfer means that the employee is obliged to return the overpayment to the accounting department.

The most common return option is the gradual write-off of overpaid funds in the wage payment process. The employee has the right to choose how to make a return:

make payments on your own;
agree to charge interest on wages.

The employer does not have the right to demand a one-time reimbursement of the entire amount paid, since the employee has a respectful reason transfer of vacation. The requirement to make a payment is in full violation of the legislation of the Russian Federation. A citizen has the right to apply to the prosecutor's office or submit statement of claim to the unlawful actions of the employer.

With self-payment, payments can be made in two ways:

To the account of a legal entity.
Personally authorized employee.

A citizen can make payments to an account both in the company itself (if technically feasible) and in a third-party organization, for example, a bank. When transferring to financial company a commission of 0.5% to 5% may apply.

It is allowed to transfer funds through online banks and payment terminals. The document confirming the deposit of funds to the employer's account is a check (or certificate).

When depositing funds in person in the accounting department or HR department, a company employee must require a debt reduction statement or check. It will be almost impossible to confirm the fact of payment without documents.

The basis for receiving a transfer from the employer due to illness during the annual leave is the presence of a certificate from the clinic. Not all cases of temporary absence under the legislation of the Russian Federation are paid for providing a sick leave.

A citizen will not receive payment if:

The vacation is not regular and paid. Day off at own expense is not funded at the expense of the organization, as well as the registration of a sick leave during a given period of time.
The injury / illness was received at the time of an administrative or criminal offense.
Sick leave is associated with temporary disability when attempting suicide.
Leave was granted for educational purposes. Students will not be able to receive payments if they fall ill during educational process during the period of official absence from the workplace.
A certificate of incapacity for work was issued due to caring for a family member. Sick leave for childcare is paid only without being combined with vacation days.
The illness occurred during the period of maternity leave / childcare up to 1.5 years.
Intoxication (alcohol / drugs) became the cause of temporary disability. The presence of an illness due to the use of substances harmful to health affects the employee's reputation. It can also be a good reason for getting laid off when you leave vacation.
He did not follow the recommendations of a medical specialist in good faith or intentionally caused harm to health. The fact is indicated in the certificate issued by the attending physician or the employee's medical record.
The certificate was not provided to the accounting department within 6 months from the date of closing the sick leave.

In case of refusal to receive funding, the citizen must first clarify the information in the accounting department of the organization. It is recommended to ask for an extract from the payroll and written notice with the reason for the announced decision. Refusal to receive documents is a violation of the Labor Code of the Russian Federation.

In some cases, the company refuses to provide its workers with additional days of rest after the vacation due to illness or the transfer of the unchecked period. Both those and other actions are illegal. In addition, every 10th employer violates the Labor Code of the Russian Federation, delaying payments for temporary disability.

If an employee had to face a similar situation, he must defend his rights under the law. Recommended:

Apply with a statement (in writing) to the direct management of the organization. Sometimes the actions of the accounting / HR department are illegal, which the bosses may not even know about.
In case of refusal, bring a copy of the application to the prosecutor's office or court at the place of registration. Write a statement with detailed description the situation.
Wait for a response from the authorized bodies.

More than 63% of disputes are resolved in favor of the employee. The reason for the refusal to pay or provide additional rest days is most often a violation on the part of the employee of the organization. If the employee does not agree with the verdict, he can appeal or re-apply to higher authorities.

If the requirements are met, the citizen can receive funding or the desired time off, but also demand compensation for moral damage. The court applies various methods of recovery to the employer, from administrative warning to criminal liability.

If violations are revealed repeatedly in relation to several employees, in 89% of cases a fine of up to 250 thousand rubles is imposed.

We have a new head of the organization and with his arrival the employees faced a problem. Previously, if an employee fell ill on vacation, the period of his vacation was extended by the number of days of temporary disability.
The new leader says that there is no such thing as an automatic extension of vacation in labor legislation. In this case, the vacation can be extended or postponed for another period, taking into account the wishes of the employee, but only by the manager. If an employee independently extends his vacation for the number of days of temporary incapacity for work, then he actually commits absenteeism with all the ensuing consequences. And what should the employee now do if he fell ill on vacation, return to the place of work and agree on an extension?

It is obvious that the leader misinterprets the norms labor legislation... Article 124 of the Labor Code of the Russian Federation establishes the circumstances, upon the occurrence of which the annual paid leave can be extended or postponed. These circumstances, including the period of temporary disability of the employee.

The right to choose whether to extend or postpone a vacation interrupted by illness is the employee's right, whatever he decides, so be it. If the employee decides to postpone the rest of the vacation for another period, then this one new term is already determined by the employer based on his needs. In this case, the wishes of the employee are only taken into account. Obviously, they may or may not be accepted. Obviously, therefore, annual leave, during which the employee begins a period of temporary disability, is usually extended.

In one respect, the employer is right, the concept of “automatic” extension of leave is absent in the Labor Code of the Russian Federation. But, nevertheless, it can be found in other regulatory legal acts. Until now, in part that does not contradict Labor Code RF, the Rules on regular and additional vacations apply. These rules were approved by the People's Commissariat of Labor of the USSR on April 30, 1930. Here is such a legal long-liver.

Clause 17 of the Rules establishes that the next or additional leave must be postponed for another period or extended in case of temporary disability of the employee, certified by a sick leave (certificate of incapacity for work). Paragraph 18 of the Rules says that the time spent by the employee on vacation is automatically extended by the appropriate number of days, and the employee must immediately notify the employer of this.

As you can see, the employee's right to independently extend his vacation is secured. You only need to notify the employer of your decision. How exactly the employer should be notified is not established. We believe that it is better to do this by submitting an application with a copy of the certificate of temporary incapacity for work.

If the employer considers that the extension of the vacation is illegal and the days for which it was extended is recognized as truancy, feel free to appeal against his actions.

Algorithm of actions if you get sick on vacation:

1. Obtaining a certificate of temporary incapacity for work.
2. Sending an application to the employer to extend the leave due to temporary disability.
3. Appeal against the employer's actions in case of recognition of the days for which the vacation was extended as truancy.

Another difficult and stressful year is over. And then came the long-awaited vacation with its bright eventful days and warm summer nights. I would like to chat with my family and friends, go to the sea, fully recharge with positive emotions before a new working year... How much is planned ...

It seems that there is so little time, but there is a lot to be done. That is why it is extremely offensive to get sick during this period. Unfortunately, this situation happens all over the place. Someone associates this with acclimatization, and someone with the reaction of the body to the transition to a more calm and measured rhythm of life. In any case, this is always unpleasant.

When this happens, basically people are divided into two categories: some are in a hurry to get a sick leave, while others heroically endure all the vicissitudes of life and do not seek help from medical institutions. What to do if you have a sick leave while on vacation?

In this article, you can find out whether or not sick leave is paid while on vacation in 2019.

Sick leave and its payment on vacation in 2019

In the case when the illness caught you on vacation, you just need to open a sick leave. To do this, you need to go to a medical institution to the attending physician and draw up a document that confirms your disability. This registration will be required, regardless of whether you are inpatient or outpatient.

This document comes into effect from the first day of your visit to the doctor and continues until you recover and discharge.

Whether sick leave will be paid during vacation or not depends on what type of vacation the employee is sent to. So, there are several types:

regular annual;
maternity;
for child care;
caring for a relative;
at your own expense;
educational (for the period of the session).

According to the legislation of the Russian Federation, if you happen to get sick during your next vacation, then this period will be postponed or extended, and as for the sick leave, it will be paid on a general basis.

Thus, if you suddenly fall ill in the midst of a long-awaited rest, you immediately need to go to the hospital at the place of registration or place of residence and issue a sick leave. Then you need to contact your supervisor and inform him about the trouble that has happened.

When the manager receives an already closed sheet of temporary disability in his hands, he makes one of the following decisions:

Extension of leave for a period equal to the number of calendar days of temporary incapacity for work indicated in the sick leave.
Transfer it to some other time for the same period.

It is worth clarifying that the manager cannot in any case transfer the vacation without the consent of the employee. After jointly agreeing on this issue, you must write an application addressed to the employer. In the case of extending the vacation, nothing is required from you.

Also, at his discretion, the days on which the sick leave fell can be added to subsequent leave or, alternatively, receive it in the form of compensation. Whichever alternative is chosen, payment on the sheet of temporary incapacity for work must occur without fail.

According to the legislation, payment for the sick leave during the next annual leave will not be made if the following circumstances are present:

The incapacity for work was due to the abuse of alcoholic beverages or drugs.
Release of an employee from work without pay.
Removal of a negligent subordinate for any reason from work.
If there is a note in the sheet that the incapacity for work was the result of the employee's negligent attitude to health (non-compliance or violation of the regime, etc.).
Conclusion of a subordinate in custody.

As mentioned above, benefits are not paid in all cases. Thus, compensation will not be paid under the following circumstances:

According to the provision enshrined in the Labor Code of the Russian Federation, the sick leave benefit is not paid to an employee who has gone on vacation for the period of a session (educational).
Unfortunately, there are also times when you need to issue a sick leave in order to provide care to a child or someone from relatives. It is issued in situations where help is needed for a patient who is on outpatient treatment or in an inpatient hospital for the entire duration of the disease. And with the necessary adult care and childcare, there are restrictions on the days for which payment will be made.

So, with outpatient treatment, it is 7 days for each case of the disease. For a year, the number of paid days should not exceed 30. Payment for sick leave to care for a child or a relative is carried out in accordance with the general procedure. The amount is the same as the sickness benefit. If the caregiver falls ill during this period, neither compensation payments nor the extension of the leave are provided.

In the event that the employee took advantage of the vacation at his own expense and during this period fell ill, all data on the number of days will be entered in the time sheet. Sick leave at this time does not in any way affect the duration of the next annual leave. That is why there is no need to mark it on the report card. Unpaid leave is not interrupted or extended. The sick leave is still worth issuing, since it will certainly begin to be noted in the time sheet when the employee theoretically will have to get out of vacation and start his work duties.
According to the FZRF article "On compulsory social insurance in case of temporary disability and in connection with motherhood," payments for temporary disability are not assigned. During your stay in maternity leave sick leave is not issued. Even if it is nevertheless issued by mistake, the sick leave payment will not be assigned when presented to the manager.

Payment for sick leave issued outside the Russian Federation

If during the vacation you left the Russian Federation and, unfortunately, got sick or injured there, you definitely need to draw up a document that can confirm this. But still, according to these documents, the payment of benefits cannot be carried out. To receive sick leave payment, you first need to issue it according to the model established in Russia. This procedure can be carried out after an officially recognized transfer by the decision of the medical commission of the medical institution.

How is sick leave paid during vacation? It depends on many nuances and circumstances, in particular, on the type of vacation, the period for providing the employee with a certificate of incapacity for work, etc. After reading our article, you can correctly calculate and pay the vacationer allowance, as well as arrange his sick leave in compliance with all the requirements for this.

How is sick leave paid during the next vacation?

An employee who is on an annual (regular) paid leave - basic or additional - in case of illness, receives the right to use the extension of the leave for the number of days corresponding to the period between the opening and closing of the certificate of incapacity for work, or to postpone this unused leave for another period as agreed with the employer.

Sick leave payments are made only if the employee falls ill. If the certificate of incapacity for work reflects the fact that the employee took sick leave to care for a child or another family member, the leave cannot be extended, postponed, as well as compensation.

Sick leave payments are not paid while on vacation:

at your own expense;
educational;
for pregnancy and childbirth;
for child care.

Similarly, the extension and postponement of vacation due to illness of an employee using these types of vacation is not carried out.

It is worth noting that if an employee falls ill during a vacation that is not an annual paid one and continues to be on sick leave at the end of this vacation, then at the end of this vacation, from the first working day (according to the schedule), he is entitled to compensation in accordance with the leaflet disability.

You can find out more about the grounds for the employer to grant additional vacation days due to the employee's illness in this article .

How to calculate sick leave compensation on vacation?

Let us now study a number of practical nuances that reflect how sick leave is paid during the next vacation in one form or another.

Sick leave is calculated, which is issued by an employee on vacation, in the same manner as sick leave for employees who are not on vacation.

That is, it is carried out using the formulas used in the calculation of sick leave, and not vacation pay.

In cases stipulated by law, the maximum and minimum size of the base for average earnings, as well as the maximum duration of sick leave, are considered.

You can familiarize yourself with the formulas for calculating sick leave and vacation pay, as well as study the fundamental differences between them in the articles:

"Calculating the number of vacation days in 2019 - an example" ;
"How to calculate sick leave in 2019?" .

Accrual of sick leave during vacation: nuances

It should be noted that the procedure for paying sick leave during the next vacation does not fundamentally depend on whether the employee actually used the added vacation or came to work at the end of the next vacation, intending to postpone the added vacation for a different period.

In the first case - when an employee, having been ill on vacation, decided to take advantage of additional days of rest - settlement with this employee is carried out on the basis of a certificate of incapacity for work (which can be provided by the employee while on vacation at that time or when he goes to work) together with the nearest salary.

In the second case - when an employee, having been ill on vacation, comes to work according to the schedule - he receives disability benefits also upon the provision of a certificate of incapacity for work (despite the fact that he can actually take the added days off much later - as agreed with the employer). If he does not bring a sick leave within 6 months, then according to the general scenario (which, however, may be characterized by a number of weighty exceptions), he will lose his right to receive compensation.

Another nuance characterizing the payment of sick leave on vacation: compensation for a sick leave is considered as a kind of taxable income of an employee. Therefore, the employer must charge personal income tax on it and pay it. In turn, sick leave compensation is not subject to social contributions.

How to get sick leave while on vacation: nuances

Having considered how the sick leave is paid on vacation, we will study a number of nuances that characterize the design of added vacation days that are provided by the employer in connection with the employee's illness.

If the employee took advantage of the added vacation due to sick days without returning to work before the expiration of these days, then the employer does not need to issue an additional vacation order. The fact is that the vacation in this case is considered extended by default, this fact does not need to be confirmed in any way. There is also no need to recalculate vacation pay due to a sick leave (we already know that paying vacation pay and paying sick leave compensation are 2 different procedures).

If the employee did not take advantage of the added leave at the expense of sick leave, he, in agreement with the employer, transfers it to another period. In this case, it is already required to issue a separate order for vacation, as well as the employer to make adjustments to the vacation schedule. In this case, the employee will be required to provide an application, which will reflect the date to which it is convenient for him to transfer the added vacation. Based on this application, a separate vacation order is formed.

IMPORTANT! If the remainder of the vacation, formed in connection with the sick leave, is postponed, it is necessary to recalculate the vacation pay, and 2 times. The first time - for the part-time vacation (because it actually decreased), the second time - when the employee goes to the rest part according to the new schedule (because the pre-vacation period will change and, accordingly, the data for calculating new vacation pay).

Outcomes

How sick leave is paid during vacation depends primarily on the type of vacation. Only the vacation that is classified as annual paid (it can be basic or additional) is subject to extension or transfer. Depending on the option chosen by the employee, in any case, he must receive sick leave, but vacation pay can either be recalculated if the vacation is postponed, or remain as it is if the vacation is extended for the duration of the sick leave.