I got sick on vacation, will the vacation last? I broke my arm while on vacation, and my employer refused to pay me for sick leave. Sick leave on vacation: how to apply

An employee may get sick while on vacation.

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

It is important to correctly prepare documents for extending or postponing vacation, as well as promptly notify the accounting department and manager about sick leave.

In order to confirm being on sick leave during vacation, the employee is required to bring a sick leave certificate when going to work.

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

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

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

Is it worth notifying the employer about illness while on vacation?

The employee must fulfill his job responsibilities during working hours.

If he is on vacation, he is completely freed from work processes. Therefore, the employer does not have the right to require the employee to immediately report sick leave while on vacation.

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

The employee should, if possible, inform the employer about the sick leave, but if he does not do this, then the manager does not have the right to bring him to disciplinary action.

Procedure for extending leave due to sick leave

Is sick leave paid during vacation? Sick pay must be paid if the employee is ill or injured in any way while on annual leave.

Rest will be extended for the duration of illness by a number of calendar days.

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

If an employee extends his vacation due to illness, all days of illness must be excluded from the calculation period. is made depending on how long the employee worked for the employer minus the days the employee was sick. If an employee falls ill, his vacation is not extended, but is paid until the certificate of incapacity for work is closed.

An employee can return to work at the end of the vacation and write a statement to transfer the days that were not spent.

The application must indicate the reason for postponing the vacation (due to sick leave) and the date to which the employee wants to postpone the vacation.

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

When transferring, you must also indicate in your personal card (Form No. T-2) after the vacation records, how many vacation days have been spent and what 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 vacation. This is his right, but not his obligation. The transfer is possible upon reaching agreement between the employee and the employer.

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

When transferring vacation, the employer must re-calculate vacation pay for the vacation days that were 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 deduct vacation pay for unspent vacation days from the salary.

Cases when sick leave should not be paid while on vacation

Sick leave on vacation should not be paid if:

• the time when the employee fell ill coincides with study leave;
• newsletter received at ;
• the ballot was issued while on leave without pay (at your 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 receiving sick leave is the employee’s alcohol or drug intoxication;
• there is a note on the sick leave about the employee violating the sick leave regime.

First, let's figure out what is written in the law about extending leave due to sick leave, and what happens in practice.

As you know, annual paid leave is provided for a certain number of days. The schedule is formed in advance, taking into account not only the wishes of employees, but also production processes. Therefore, chaotically and spontaneously changing the time of departure or return is not allowed. But there are exceptions. For example, extending sick leave.

By virtue of Art. 124 Labor Code Russian Federation, the sick employee’s vacation is extended or postponed by the employer for the number of days of illness. Although there is an exception: if the illness coincides with the holidays, then the rest will last the number of days minus the holidays. To do this, the employee must provide a certificate of incapacity for work to confirm the fact of illness and to calculate the number of days by which the vacation will increase. The option is selected by agreement of both parties. It should be borne in mind that the employee himself should get sick, and not his child or relative.

In practice, sick leave on vacation (extension of vacation - 2019) is a common situation. Most often, workers prefer to increase their rest days. Some even specially draw up a certificate of incapacity for work, feigning illness in order to rest longer.

Registration and payment

Typically, a sick employee notifies the administration about the illness. The certificate of incapacity for work is provided to the employer upon its closure. According to Art. 59 Federal Law “On the basics of protecting the health of citizens in the Russian Federation”, the attending physician issues a sheet up to 15 calendar days. But there are cases when the extension of sick leave is inevitable.

For example, if we are talking about a woman, then a situation often arises when it is necessary to extend sick leave for pregnancy and childbirth. A standard “labour” lasts 140 calendar days. But with complicated births, its duration increases.

Other cases are determined by a medical commission. In this case, a person may be sick for more than 15 days while undergoing outpatient treatment, but may need to extend sick leave after hospitalization.

When the duration of rest increases, payment for days of incapacity is made in accordance with Federal Law-255 “On compulsory social insurance in case of temporary disability." The name of the payment is temporary disability benefit. This guarantee is provided for in Art. 183 Labor Code of the Russian Federation. Vacation pay already received remains with the employee; no recalculations or refunds are made.

What to do if the illness occurred while the person was on vacation with subsequent dismissal? Sick leave is paid, there is no continuation of the vacation period.

Sample application for extension of leave

Transfer

Article 124 of the Labor Code of the Russian Federation clearly indicates the employer’s right to postpone rest due to employee illness, including next year. But in order to shift to such a distant period, the administration must have arguments proving that it is impossible to provide rest days earlier, since this will negatively affect the normal course of work.

The normal course of work is, of course, a very vague formulation. The employer can provide papers that will convincingly tell you that without this employee production processes this year, if they don’t stop, they will be slowed down.

What kind of papers could these be? Work plans showing enormous production volumes in the current period. The procurement schedule for which the employee is responsible. Only purchased equipment that can only be operated by one person. At the same time, there should be no persons at the enterprise who are able to replace an employee who wants to rest longer.

The long-awaited and long-planned vacation has arrived, you are in seventh heaven. But it was completely inopportune that they got sick. The question rightly arises: how will sick leave be paid during vacation and what will happen to legally earned annual leave? This is not a pleasant topic, but every employee should know such nuances so as not to worry about trifles later.

Period of incapacity

According to the Labor Code of the Russian Federation (Article 124), if an employee was on sick leave, the leave is either extended or postponed to another date. Thus, the legislation provides for this situation. In this case, transfer of leave 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 new term the employer sets it taking into account the wishes of the employee (according to Part 1 of Article 124 of the Labor Code of the Russian Federation). In case of extension of leave, it is not necessary to receive an application from the employee.

In a situation where the vacation coincides with sick leave, it is very important point is the opening of a certificate of incapacity for work. The patient must go to the clinic to see the attending physician and obtain a certificate of incapacity for work in the usual manner. 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 certificates. This means that a sick citizen can now choose the method of registration of sick leave - on paper or in electronic form.

Sick leave during vacation starts from the first day of contacting medical institution and continues until closure, in other words, until the patient’s complete recovery.

Employer action algorithm

An employee who becomes ill while on vacation is required to notify his or her employer of this fact. In the case of part-time work, not only the main, but also additional employers are notified (subject to taking several sick leaves - for each place of work).

An employer who has received a closed certificate of temporary disability from its employee must take one of two actions:

1. extension of leave after sick leave for the duration of the employee’s incapacity for work;
2. transferring 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 publication of a corresponding order. If an employee is delayed on his next vacation for the time he was sick, the basis for this is the sick leave itself. Some employers still issue an order to extend vacation for insurance purposes.

Sample employee application to postpone vacation

Sample order

Payment of sick leave

An employee may be interested in the question: is sick leave paid during vacation? Yes, the calculation procedure for this certificate of incapacity for work is identical to the working period and includes the following operations:

• The employee’s average daily earnings 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 calculating temporary disability benefits.

If sick leave falls on vacation, it is paid according to general rules. In other words, the employee will be accrued in full the amount due for temporary disability, which is paid on the day the cash is issued cash in the company (or credited to the employee’s plastic card in the case of non-cash payments to staff).

Even if an irresponsible employee did not inform the employer about the fact of his illness, according to the law he cannot be refused payment for sick leave brought after “finishing off” sick leave.

The influence of a certificate of incapacity for work 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 27th. What should he do in this case?

In any case, the most correct thing would be to notify the employer of your incapacity for work and resolve the issue of extending your vacation or postponing these days to a later date.

Situations when sick leave is not paid during the vacation period

Russian legislation provides for several situations when time of incapacity for work is not paid. There may be several such cases:

• sick leave during study leave. An employee can only count on payment for those days that fell during the period of work after completion of study leave;
• days of incapacity for work that were included in the employee’s maternity leave period;
• sick leave included in the duration of leave without saving wages(at the expense of the employee);
• time to care for minor children or elderly relatives.

When one of the listed cases occurs, the employee must be aware of the legal justification for the refusal to pay for this certificate of incapacity for work. Therefore, such sick leave logically does not require registration if the employee is on vacation.

Example: an employee took unpaid leave for 3 days for family reasons. On the 2nd day he was hospitalized and received hospital treatment for 5 days. Sick leave taken according to the general rules will be paid as follows: 5 – 2 (second and third days of vacation) = 3 days. The entire period will be paid from the company’s profits (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 incapacity for work.

Sick leave to care for a child while on vacation

If a woman's child falls ill during vacation and she takes sick leave to care for him, the vacation is not extended or postponed. Sick leave is issued from the day on which the employee was supposed to start work (clauses 40-41 of the Procedure for issuing certificates of incapacity for work). For example, a woman was on vacation from March 2 to March 30. In this case, she should be issued sick leave to care for the child from March 31st. If the citizen did not inform the doctor that she was currently on vacation, and the sick leave was issued earlier (for example, on the 25th), the remaining days that coincided with the vacation will not be subject to payment.

Sick leave during vacation at your own expense

A certificate of temporary incapacity for work is issued from the day the vacation ends. All days of vacation at your own expense are marked on the working time sheet with the code “BEFORE”. Sick leave that was issued during the vacation period at your own expense is not reflected in the time sheet due to the fact that it does not have any effect on the vacation. The vacation is not interrupted or extended. Days of illness are marked on the timesheet with code “B”, starting from the day when the employee was supposed to return to his duties.

Sick leave during parental leave

A certificate of temporary incapacity for work is not issued in this case (see clause 40 of the Procedure for issuing certificates of incapacity for work). If a woman hides from the doctor that she is on maternity leave, then the sick leave issued to her will not be subject to payment. However, if a woman works part-time or at home, then the sheet must be issued and paid for general principles. But in any case, the vacation will not be extended. If a woman has two or more children and they fall ill at the same time, a single sick leave certificate is issued.

This article is for informational purposes; controversial labor issues are best resolved in individually, delving deeper into the legal basis for both sides’ positions.

What to do with payment of sick leave if an employee gets sick while on vacation? Let's consider whether benefits are accrued in such cases in 2020. Both the employer and the employee must know whether sick leave is paid or not during vacation.

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General information

When a person is not faced with the need to apply for sick leave, everything seems clear - he fell ill, received a certificate of incapacity for work, and presented it to the employer.

But in fact, there are many nuances in the design of such a document that are worth familiarizing yourself with.

What do you need to know?

What is sick leave? This is an official document that is issued by a doctor or other authorized health professional in the event of a person’s temporary disability.

Such a document is required to accrue disability benefits. The payment is calculated taking into account several factors:

The employer must pay contributions for his employee. If this is not provided, the person can make transfers independently.

Often, the length of service coincides with the insurance period. What amount of sick leave benefits can a person receive:

But the payment cannot be less than the minimum wage. Based on the minimum wage, the benefit will be calculated provided that the employee has less than 6 months of experience.

When calculating, you should use the following formulas:

When determining the amount of payment, not all accruals are taken into account. We are talking about the following periods:

• if a person is released from work with full or partial payment of wages or without such payment in accordance with legislative norms;
• if the employee is suspended from work in accordance with Russian legislation, and during this time wages are not accrued;
• if the person is in custody or arrested;
• if a forensic medical examination is carried out;
• during downtime, except for those situations where a person became incapacitated before the start of such a period and his sick leave was extended for the duration of the downtime.

The employer must withhold funds from sick pay to pay personal income tax. The citizen submits a closed certificate of incapacity to work to the management of the company within six months ().

If such deadlines are missed, funds will no longer be paid under the document. The first 3 days of sick leave are paid from the funds of the organization in which the person works, the remaining days are paid from the Social Insurance Fund.

Basic terms of provision

Often such provisions are ignored by health workers, and the employer must make calculations based on a document with overlapping periods.

The employee will be offered one of the following options: receive payment for sick leave, which does not coincide with vacation, or issue a new form in accordance with the law.

How to apply correctly?

If the form of the sheet is incorrectly completed, the employee will not be able to receive disability benefits. Therefore, it is worth studying the basic rules for filling it out.

• The ballot is filled out:

1. A medical worker at a medical institution that is licensed to provide medical activities and the authority to issue sick leave.
2. Employer.

• information cannot be entered ballpoint pen. It is allowed to use gel, fountain, capillary pens with black ink;
• information should not go beyond the scope specifically designated for it. If the data does not fit, you should leave it that way;
• Printed capital letters must be used. You can use a printing device. But if this condition is not met, they have no right to refuse payment to you;
• after receiving the form, the patient must sign a tear-off counterfoil, which will remain in the medical institution;
• if the health worker makes a mistake, he must replace the form. If a mistake was made by the employer, you can correct it - cross out the inscription, and reverse side Enter the correct information and sign.

When a company has the right to refuse payment, and when it must pay benefits (extend vacation days), will depend on the situation.

In order not to confuse anything, rely on legal norms.

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Another difficult and stressful year has ended. And now the long-awaited vacation has arrived with its bright, busy days and warm summer nights. I would like to have plenty of conversations with family and friends, go to the sea, and fully recharge with positive emotions before the new working year. How much is planned...

It seems like there is so little time, but there is a lot to be done. That is why it is extremely disappointing to get sick during this period. Unfortunately, this situation happens everywhere. Some associate this with acclimatization, and others with the body’s reaction to the transition to a calmer and more measured rhythm of life. In any case, it is always unpleasant.

When this happens, people are mainly divided into two categories: some rush to get a sick leave, while others heroically endure all the ups and downs of life and do not seek help from medical institutions. What to do if a sick leave “happens” while on vacation?

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

Sick leave and its payment on vacation in 2019

If you are sick while on vacation, you simply need to open a sick leave certificate. To do this, you need to contact your attending physician at a medical institution and draw up a document that will confirm 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 recovery and discharge.

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

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

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 sick leave, it will be paid on a general basis.

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

When the manager receives a closed certificate of temporary incapacity for work, he makes one of the following decisions:

1. Extension of leave for a period equal to the number of calendar days of temporary disability indicated on the sick leave certificate.
2. Move it to some other time for the same period.

It is worth clarifying that the manager cannot under any circumstances reschedule leave without the employee’s consent. Having jointly agreed on this issue, you must write a statement addressed to the employer. If you extend your vacation, nothing is required of you.

Also, at his discretion, the days on which the sick leave occurred can be added to subsequent vacation or, alternatively, receive it in the form of compensation. Whatever alternative is chosen, payment for temporary disability must occur without fail.

According to the law, payment of sick leave during the period of the next annual leave will not be made if the following circumstances exist:

1. Disability occurred as a result of alcohol or drug abuse.
2. Release of an employee from work without pay.
3. Removal of a negligent subordinate from work for any reason.
4. If there is a note on the sheet that the disability was the result of the employee’s negligent attitude towards health (non-compliance or violation of the regime, etc.).
5. Taking a subordinate into custody.

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

1. According to the Labor Code RF regulations, sick leave benefits are not paid to an employee who has gone on leave for the period of the session (study).
2. Unfortunately, there are also cases when you need to issue a sick leave certificate in order to provide care to a child or one of your relatives. It is issued in situations where help is needed for a patient who is undergoing outpatient treatment or inpatient treatment in a medical institution for the entire duration of the disease. Both adult and child care essential care have limitations on the days for which payment will be made.

So, for outpatient treatment, this is 7 days for each case of the disease. During the year, the number of paid days should not exceed 30. Payment for sick leave to care for a child or relative is carried out in accordance with the general procedure. Its size is identical to the size of the benefit due to illness. If during this period the caregiver himself falls ill, neither compensation payments nor extension of leave are provided.

1. In the event that an employee took leave at his own expense and fell ill during this period, all data on the number of days will be entered into the working 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. Leave without pay is not interrupted or extended. It is still worthwhile to issue a sick leave certificate, since it will certainly begin to appear on the work time sheet when the employee theoretically has to return from vacation and begin his work duties.
2. According to the article of the Federal Law of the Russian Federation “On compulsory social insurance in case of temporary disability and in connection with maternity”, payments for temporary disability are not assigned. During your stay in maternity leave sick leave is not issued. Even if it is issued by mistake, if it is presented to the manager, sick pay will not be assigned.

Payment for sick leave issued outside the Russian Federation

If during your vacation you went abroad to the Russian Federation and, unfortunately, got sick or injured, you definitely need to draw up a document that can confirm this. However, benefits cannot be paid using these documents. To receive payment for sick leave, 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 decision of the medical commission of the medical institution.