During the vacation period, the employee fell ill, how to register. We are extending sick leave. Sick leave during vacation at your own expense

Every year, the employer must provide each employee with paid leave, during which the worker retains his place and position in the enterprise. The minimum period of such basic leave today is 28 calendar days, and the maximum is not limited by law. In addition, there is also additional leave, which is granted for the special nature of the work and can significantly extend the main leave period.

Unfortunately, there are often cases when the period of annual leave coincides with a period of illness, and therefore an honestly earned rest turned into a period of treatment and rehabilitation, but a vacation as such did not work out. In this case, is it possible to extend the vacation for the period of illness? Must an employer pay for sick leave received while on vacation? If the employee is well aware of his rights, the sick leave is correctly issued on the first day of illness, and, in addition, the regime prescribed by the doctor has been followed, then he has every chance of using his leave for rest and not for treatment. But should sick leave be extended or postponed?

Obtaining sick leave on annual leave

The Labor Code of the Russian Federation provides for temporary disability of an employee as one of the grounds for extending or postponing the employee’s annual leave. In this case, based on Article 124 of the Code, the employer must make an appropriate decision taking into account the wishes of the employee. This means that, in principle, if an employee wishes to extend his vacation, then the employer does not have the right to refuse this - the only exception is the negative impact of the vacation of a particular employee on the normal course of work of the employer’s enterprise, and nevertheless, the employee’s consent is also required here to transfer vacation to the next working year. Thus, if suddenly an employee falls ill during the period of annual leave, which he wants to extend for the period he spent on recovery, you need to follow a fairly simple algorithm of actions:

1. On the first day of illness, consult a doctor.
2. Warn the employer (for example, by contacting the personnel department of the enterprise) about the temporary disability.
3. Follow the regimen prescribed by your doctor.
4. After receiving the sick leave certificate in hand, provide it to the accounting department to calculate temporary disability benefits.
5. Continue your annual leave for exactly the number of days for which the sick leave was issued.

In principle, no special procedure is provided for extending leave due to illness, and the procedure for issuing sick leave during leave is absolutely standard.

At the same time, the employer can either issue an appropriate order to extend the employee’s vacation, or not issue anything - the latter is not a violation, just in this case the employee should keep in mind that the company’s personnel officer is not obliged to clarify the extension deadlines for the employee, and in order not to miss them , it would be better to call and clarify them yourself.

Some employees prefer to play it safe and, together with the sick leave received during vacation, submit an application to the company with a request to extend the vacation for the appropriate period. Such a statement is not a basis for extension, nor is an order; these documents are completely optional, since sick leave automatically extends leave, but they are quite acceptable.

A situation where a statement must be attached to a sick leave certificate is when an employee asks to extend vacation for a period that does not correspond to the period of temporary disability - for example, after a minor illness, the employee decides to extend vacation for a shorter period, and add the remaining days to the next vacation . In this case, the employer has the right to determine a new vacation period, taking into account the wishes of the employee, after which he must issue an appropriate order. The same actions are taken by both parties in the event of transferring vacation to another period, while the company’s accounting department will have to accrue the amount only for the vacation actually used by the employee.

Another option is if the employee, after suffering an illness during vacation, decided to return to work and not extend his annual leave. In this case, he needs to write a statement requesting recall from vacation, as well as a request for compensation for unused days. If the employer does not mind, he issues a separate order and monetary compensation to the employee, in addition, the latter does not lose the right to disability benefits.

A separate important point in a situation where an employee falls ill during vacation is compliance with the regime established by doctors. If suddenly such a regime was not observed, the doctor has the absolute right to make a corresponding note on the sick leave sheet, and such a note serves as the basis for reducing temporary disability benefits. However, regardless of the fact that the employee did not comply with the treatment regimen, labor law provisions do not contain the possibility for the employer to refuse to extend leave if there are documents confirming the illness. If there is a mark, compensation can be paid only for the period during which the employee complied with the regime, that is, until the date when the violation was marked.

Sick leave during other types of vacations

As a general rule, sick leave received during vacation is not always paid. Sick leave that falls during periods during which no additional justification is required for the employee’s failure to appear at the workplace is not subject to payment, in addition, during which the corresponding payments are already made, or they are not subject to payment at the request of the employee. For example, this applies to:

• vacations at your own expense;
• vacations during studies;
• maternity leave;
• parental leave until the child reaches 3 years of age;
• periods of caring for a child or sick relative during annual leave.

As for leave at your own expense, the original wording of the legislator on sick pay during vacation allows you to extend or postpone only paid leave, while leave at your own expense is not such. Sick leave opened during the above periods will be paid only for those days that the employee was sick after the end of the vacation, and this vacation will not be extended or postponed.

In the event that a child or relative falls ill during a period when the employee does not need to be released from work due to being on vacation, he must inform the doctor so that a sick leave certificate can be issued from the day he should start working. The exception is if the employee is on parental leave before the child reaches 3 years of age and continues to work part-time - then sick leave is issued on a general basis. In addition, it should be noted that if two or more children fall ill, the doctor issues one sick leave to care for them.

We have a new head of the organization and with his arrival the employees encountered a problem. Previously, if an employee fell ill while on vacation, the period of his vacation was extended by the number of days of temporary disability.

The new manager says that there is no such thing as automatic extension of vacation in labor legislation. In this case, the vacation can be extended or postponed to another date, taking into account the wishes of the employee, but only by the manager. If an employee independently extends his vacation by the number of days of temporary disability, then he actually commits absenteeism with all the ensuing consequences. And what should an employee do now if he gets sick on vacation, return to his place of work and agree on an extension?

It is obvious that the manager misinterprets the norms of labor legislation. Article 124 of the Labor Code of the Russian Federation establishes the circumstances under which annual paid leave can be extended or postponed. These circumstances also include the period of temporary incapacity for work of the employee.

The right to choose to extend or postpone vacation interrupted by illness is the right of the employee, as he decides, so it will be. If the employee decides to postpone the remainder of the vacation to another period, then this new period is already determined by the employer based on his needs. In this case, the employee’s wishes are only taken into account. Obviously, they may or may not be accepted. This is obviously why annual leave, during which the employee experiences a period of temporary incapacity for work, is usually extended.

The employer is right about one thing; there is no concept of “automatic” extension of vacation in the Labor Code of the Russian Federation. But, nevertheless, it can be found in other regulatory legal acts. Until now, to the extent that it does not contradict the Labor Code of the Russian Federation, the Rules on regular and additional leaves are in force. These rules were approved by the People's Commissariat of Labor of the USSR on April 30, 1930. This is such a legal long-liver.

Paragraph 17 of the Rules establishes that regular or additional leave must be postponed to another period or extended in the event of temporary incapacity for work of the employee, certified by a sick leave certificate (certificate of incapacity for work). Paragraph 18 of the Rules states that the employee’s time on vacation is automatically extended by the appropriate number of days, and the employee is obliged to immediately notify the employer about this.

As we can see, the employee’s right to independently extend his leave is secured. You only need to notify the employer of your decision. It is not established exactly how the employer must be notified. We believe that it is better to do this by submitting an application accompanied by a copy of the certificate of temporary incapacity for work.

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

Algorithm of action if you get sick on vacation:

1. Obtaining a certificate of temporary incapacity for work.
2. Sending an application to the employer to extend leave due to temporary disability.
3. Appealing the actions of the employer if the days for which the vacation was extended are recognized as absenteeism.

Spending part of your vacation with a fever is not the most pleasant thing to happen. But if you have medical documents confirming that you were undergoing treatment, then the management at the place of employment undertakes to extend or reschedule the employee’s allotted rest. In addition, in this case a benefit is provided. So, below you will find out how you can extend or postpone sick leave and how the corresponding payments are calculated.

Labor legislation guarantees all workers basic paid leave of 28 days once a year. For some it is provided. The possibility of providing it depends on the type of profession, production conditions, and work hours.

Art. 124 of the Labor Code of the Russian Federation allows an employee to apply to the employer for the provision of days off or for an extension of the required rest if he suffered an injury or other illness during the vacation period. In this case, he must present supporting documents issued by a doctor.

This rule applies only if the sick leave certificate confirms the illness of only the employee who applied; family members do not apply here. That is, workers are not entitled to an extension (transfer) of vacation days if one of their children or other relatives suffered from illness during this period of time. Also, no sick pay will be paid during this time.

In accordance with the certificate of incapacity for work, the employee is calculated, but it is not included in the calculation of payments due for vacation days. However, on the contrary, when calculating sick leave benefits, paid vacation pay is taken into account and is subsequently processed against other payments due to the employee. For example:

• if the employee contacted his superiors in advance and warned about an illness that arose during the vacation, and the latter was extended automatically, the employer must pay both the required vacation pay and sick leave benefits in addition, without recalculation;
• If an employee, after taking allotted vacation days, comes to the workplace on time and asks to reschedule the vacation, then the accounting department will be required to pay sickness benefits, and the paid vacation pay that coincided with the days of treatment must be taken into account against other payments due to the employee.

Please note. There are several types of vacations. If the one we are interested in is not an annual paid one (main or additional), but any other (for example, educational with payment of a salary), then the illness will not serve as a legal basis for the employee to have the right to additional days of rest. However, after such leave, if suddenly the employee is still under treatment, he is entitled to sickness benefits in accordance with the general procedure.

Extension of vacation

Let's imagine that you took sick leave during vacation - how to extend the vacation? Will sick leave be extended if the employee does not notify the employer of his illness?

Vacation days are added automatically from the moment the employee brings closed sick leave to the organization, and it is extended exactly by the number of days indicated in the document.

Below are two possible outcomes:

• The vacation lasts from March 1 to March 20, on the 10th of the same month an injury was received, sick leave was issued from March 11 to March 15 (for 5 days). In such a situation, the employee reports the illness to the manager before the end of the vacation and brings him a confirming document from the medical institution. The leave is automatically extended by the number of days corresponding to the period of treatment. That is, the employee must go to work not on March 21, but on March 26, taking into account the days of illness.
• The vacation also lasts from March 1 to 20, but he was injured on the 16th of the same month, and he was issued a certificate of incapacity for work from March 16 to March 20 (5 days). In such conditions, the employee also informs his superiors about his incapacity for work, but closes his sick leave on March 20 and must return to work on the 21st of the same month. On this day, he must provide this document and fill out an application for extension of leave in any form, indicating the number of days of treatment. In this case, the employer will have to issue an order according to which the duration of the vacation will remain the same, but its end date will be different - March 25.

Keep in mind that if circumstances arise in which it is possible to extend leave, this must be reported to the head of the organization.

Sometimes people who have suffered an illness on vacation days think that they can be extended on their own initiative, without informing their superiors. The employer may regard such an act as absenteeism, which is a gross violation of labor discipline with all the ensuing consequences. Even if you provide the required medical documents as proof on the first day of returning to work after a long absence, you will be counted as absenteeism. Of course, not in all cases a person can be accused of truancy if he did not report treatment. Under some conditions, this cannot be done, for example, in the event of emergencies or natural disasters, when there was no communication in the area where the employee was located.

Let’s assume that a similar situation arises and a person does not show up at work for several days after the required rest. In this state of affairs, the immediate supervisor must record this fact. This is usually done with the help of an act, which is drawn up by an accountant or director in any form at the end of each working day or shift in the presence of several witnesses.

Such recording should be made every day until the missing vacationer appears at the workplace.

The person who committed such a violation, in turn, must sign these acts and provide an explanation on his own behalf regarding his absence from work, indicating the reasons for absenteeism. If an employee refuses to sign documents, this will be reflected in the drawn up acts. If the reason that he described in his explanation turns out to be disrespectful, then such an employee may be fired for absenteeism (paragraph “a”, paragraph 6 of Article 81 of the Labor Code of the Russian Federation).

Transfer of vacation

Immediately upon returning from vacation, the employee also has the right to request other dates due to illness. To do this, he needs to fill out a written application in any form and send it to the personnel department. This document must indicate the following:

• at what time and duration was the vacation;
• dates and total amount of calendar days of sick leave;
• the number of calendar days of rest that must be provided;
• the date from which you want to highlight the corresponding days.

When such an application and sick leave are received by the personnel office, its employees make appropriate amendments to the enterprise’s vacation schedule.

This option is suitable for those who have recovered by the end of their vacation, feel great and want to start working, but do not want to lose extra days off.

In a situation where the required vacation days are postponed due to illness by agreement with management, the employer undertakes to pay sick leave benefits. Its size depends on the average salary of the employee for the period that passed before the manager became obligated to provide this payment. As a result, the amount of the benefit is calculated taking into account the vacation during which the treatment occurred.

Can they refuse?

If you have done everything as expected, but the employer refuses and does not extend (postpone) your vacation, you can achieve restoration of your rights by contacting the labor inspectorate or court.

However, this rarely happens, since for failure to provide annual paid leave, as well as for refusal to extend or reschedule it, an enterprise can be fined 50,000 rubles, and its manager - 5,000 rubles, because this is a violation of labor laws.

Results

If an employee on vacation falls ill, the employer is obliged to extend his vacation by the number of days provided for by the sick leave, or to transfer the prescribed rest days to another date. According to Russian legislation, this responsibility of the manager applies only to basic and additional leave.

The right of every employee guaranteed by the Labor Code. But what should you do if, while on vacation, an employee gets sick and issues a worksheet? In such a situation, the legislation makes several recommendations regarding the preparation of documents, as well as the extension or postponement of vacation. However, exactly how leave will be processed in the presence of sick leave depends on many clarifying details, including what kind of leave the employee was on, whether he himself was sick or caring for a family member, etc.

Let's look at examples of the most common situations that an employer may face if an employee gets sick while on vacation.

Illness during annual paid leave

The employee's annual paid leave falls on the period from March 20 to April 16, 2016. 5 days after going on vacation (March 25), the employee fell ill and was admitted to the hospital, spending 10 days there (until April 3). After being discharged from the hospital, the employee reported the incident to the employer, presenting a sick leave certificate. The employee asked the employer to extend his vacation for the period of sick leave. What should the employer do in this case? And how to determine a new end date for vacation?

If an employee was sick while on vacation, he must provide the employer with a sick leave certificate as confirmation. Article No. 124 of the Labor Code states that under these circumstances, the vacation period due to illness may be extended or postponed to another date. In this case, the choice of one or another course of action is agreed upon between the employee and the employer. If the vacation is postponed to another time, the employee must make a written application. Extension of leave is possible either with or without a written application.

Please note: if an employee issues a sick leave outside his place of permanent residence (for example, while in another city), the start and end dates of the incapacity for work are certified by the signature of the head physician (deputy) and the round seal of the medical institution.

If there is sick leave, the employee’s vacation can be extended automatically, that is, without drawing up a corresponding order and application from the employee. In this case, the enterprise personnel officer should proceed as follows:

Determine a new end date for the vacation by adding the number of sick days to the previous date (holidays recognized as non-working days at the state level are not counted among the number of calendar days of vacation);

Issue an appropriate order to extend the vacation;

Record the changes in the time sheet, changing the days marked with the code “FROM” (vacation) to “B” (sick leave).

If the employee decides to take the vacation period during sick leave at another time, it is necessary to issue an order in Form No. T-6 and calculate vacation pay based on the new pay period. In addition, the employee must write an application to postpone the vacation. The time of the new vacation is agreed upon with the employer.

Having received the sick leave and the employee’s application, the personnel officer must perform the following actions:

Issue an order to postpone the vacation to another date;

Indicate changes in the time sheet;

Change the vacation schedule for the working year (fill in columns 8, 9 and  10).

Moreover, according to the law (Article 9 of Federal Law No. 225), if an employee loses his ability to work due to illness or while on annual paid leave, he is entitled to accrual of temporary disability benefits.

How to mark sick leave on your report card?

An employee can notify the employer of illness while on vacation orally. However, upon returning from vacation, he is required to present a sick leave certificate. Extension of leave by the number of days attributable to temporary disability is automatic. In this case, sick leave is not recorded in the work time sheet until the employee provides the relevant document. If sick leave continues after the end of the official vacation period, the employee’s absence from work is marked with the code “NN” (unexplained reasons).

During her vacation, the woman went on sick leave to care for her child.

What should an employer do if an employee goes on sick leave to care for a child while on vacation? Do I need to extend my vacation and pay sick leave?

Article 124 of the Labor Code states that annual paid leave in case of illness should be extended only if the employee himself becomes ill. Accordingly, if during the vacation period a woman went on sick leave to care for a child, the vacation will not be extended. This means that if a child fell ill during a period when the employee did not need to be released from work (was on vacation), a certificate of incapacity for work to care for the child may not be issued. This document is issued to a woman only if the child continues to be ill after the end of the vacation period.

For example, a woman’s vacation falls on the period from April 1 to April 25. This means that sick leave for child care must be issued from April 26.

If the employee hid from the doctor the fact that she is currently on vacation, and the sick leave was issued to her earlier, the days of sick leave that coincide with the days of vacation will not be paid.

Illness during maternity leave

Illness during parental leave is not grounds for issuing sick leave. If a woman hid the fact that she is on maternity leave and received sick leave, the document is not subject to payment.

The exception applies only to those cases when a woman on maternity leave for up to 3 years works from home or on reduced working hours. Under these circumstances, sick leave is issued and paid according to the general rules. However, in any case, parental leave is not increased during the period of illness.

If an employee has two or more children sick at the same time, sick leave is issued on one sick leave sheet.

Illness while on vacation at your own expense

If an employee falls ill while on vacation at his own expense, sick leave is issued from the moment the vacation ends. Days of unpaid leave granted to an employee at his request are recorded in the working time sheet with the code “BEFORE”. At the same time, sick leave issued during this vacation is not reflected in the time sheet and does not affect the duration of the vacation at your own expense. Based on this, it follows that vacation at one’s own expense cannot be extended or interrupted due to temporary disability. If an employee’s illness continues after the end of the vacation, days of illness, starting from the first working day after the vacation, are marked with code “B”.

Labor legislation guarantees employees the right to annual paid leave of at least 28 calendar days. And there is nothing more desirable for an employee than a vacation. But no one is immune from such a nuisance as illness during a long-awaited vacation. What to do if an employee gets sick during a legal vacation?

In accordance with Article 124 of the Labor Code of the Russian Federation, in the event of temporary disability of an employee, annual paid leave must be extended or postponed to another period determined by the employer taking into account the wishes of the employee. That is, the employee can take off unused vacation days immediately after recovery or at another time.

What should an employee do if he gets sick while on vacation? First of all, he should inform his work that he has taken sick leave. Immediately after his recovery, he must inform the employer of his decision - to extend or postpone his vacation.

The extension of leave occurs automatically for the corresponding number of sick days. The Labor Code of the Russian Federation does not establish any permission from the employer to extend vacation. The basis for extending leave is a certificate of temporary incapacity for work. If an employee wishes to transfer it to another period instead of extending the vacation, he must notify the employer about this. In his written statement, he indicates the period for which he wishes to transfer the unused vacation. Taking into account this request, the employer determines a new date for the employee’s annual paid leave.

When transferring leave to a new term, you must remember that it must be used no later than 12 months after the end of the working year for which it is granted. Labor legislation prohibits the failure to provide an employee with annual paid leave for two years in a row, as well as the failure to provide annual paid leave to employees under 18 years of age and employees engaged in work with harmful and (or) dangerous working conditions.

An employee who falls ill during annual paid leave must be paid sick leave for all calendar days of illness according to the general rules. When extending vacation, neither the calculation period nor the number of vacation days changes, therefore the amount of vacation pay calculated and previously paid to the employee remains unchanged. When transferring vacation, vacation pay for unused days is returned by the employee or withheld from him (Article 137 of the Labor Code of the Russian Federation). When an employee decides to take off unused vacation days, vacation pay is calculated again.

Unfortunately, an employee does not have the right to extend his leave if his child or other family member falls ill during this period. The rule on extending or postponing vacation does not apply to these cases, despite the fact that the illness of a relative does not allow the employee to fully rest (since he used his vacation time to care for a sick family member). It is also impossible to extend or postpone leave without pay.