How sick leave is extended during vacation. Extending vacation due to sick leave - procedure

If a sick leave was issued during the vacation, the company must pay it in the same way as if the employee fell ill during the performance of work duties. However, there are several features that depend on the situation (the employee himself or his relatives, children, etc. is sick). Practical examples and rules for calculating vacation and transfer days are described in the article.

The legislation provides both solutions - both the transfer of vacation and its extension for the entire period of illness. At the same time, the company must take into account the opinion of the employee himself.

The extension option does not require any additional actions on the part of the employee: the deadline for going to work is simply postponed until full recovery. If the management decided to postpone the days, this option requires 2 documents:

1. A written statement from the employee himself.
2. Written order from management.

At the same time, the company cannot refuse to transfer the employee, however, the choice of a specific period is based on the options proposed by the manager. Almost always, unrealized vacation days must be granted in the same calendar year, but in exceptional cases they can be transferred to the next year. However, all the same, the employee must be released for rest no later than 12 months from the date of his return to work after illness.

Procedure: sample applications and orders

In general, the sequence of actions looks like this:

How to pay: rules and calculation example

Payment rules are case specific - a few common examples are discussed below.

General case

In the general case, sick leave during vacation is perceived in exactly the same way as if the disease had happened during ordinary working days. So the company must compensate for both vacation pay and sick leave. The vacation pay itself is paid even before going on vacation, and sick leave - after the sheet is closed.

The order of calculations in the general case looks exactly the same as in ordinary cases, and depends on:

• the total length of service of the employee;
• his average income at that place;
• number of days on sick leave/vacation.

The average salary of an employee is 50,000 rubles, and his total experience is 10 years (100% payment of hospital benefits is required). His next vacation is 28 days. Vacation pay was paid the day before in the amount of 28 * 2380 r (average daily earnings) = 66640 r. However, on the last day of rest, he opens a sick leave and leaves after 15 days. A decision is made to extend the leave. Sick leave is also subject to compensation for all 15 days, even though 1 of these days falls on vacation. Then 15*2380 r = 35700 r. In total, together with vacation pay, it turns out 102340 rubles.

Expert opinion

Salomatov Sergey

Real Estate Expert

Holiday dates do not fall within the holiday period - the employee already has the right to rest at this time on a general basis. However, during the period of illness, they can get. But in any case, when extending or rescheduling, these days are not taken into account.

Sick leave and vacation at own expense

In this case, both the rest days themselves and the actual hospital allowance are not paid. However, if the vacation period is over, and the employee is still sick, the accrual of the amount is carried out on a general basis - up to the closure of the sick leave. The transfer of vacation days is not allowed, which does not deprive the employee of the right to ask for a new vacation at his own expense (after recovery).

Leave due to the illness of a relative

The legislation provides that an employee at any time (including during the vacation period) can take sick leave due to the illness of a close relative (their list is also in the legislation), including his child. Then the vacation pay itself continues to be paid in exactly the same way, and sick leave benefits are not accrued for the same days.

However, if the employee is already due to go to work, but he still continues to be on sick leave, from the first day of the expected exit, the allowance is accrued on a general basis until going to work. Thus, the vacation days themselves are not transferred, but the employee has the right to go to work only after the relative has recovered. At the same time, it is important to keep in mind that the formulas for calculating compensation depend on the degree of relationship, the age of the relative and the duration of the illness, for example:

1. In the case of a preschooler, a maximum of 60 days a year.
2. Schoolchild 7-15 years old - 45 days.
3. Disabled children - 120 days, etc.

Other cases

There are also 2 cases when sick leave during vacation under any conditions is not compensated:

1. Study leave, when a student goes to take a session / state exams, defend a diploma, dissertation, etc.
2. Maternity leave, during which the maternity benefit is paid in any case.

It is important to understand that the situations discussed above are relevant in accordance with applicable law. At the same time, the employer has the right to give the employee additional opportunities, fixing them in the collective labor agreement and other documents. However, this is a right and not an obligation of the company.

Thus, the company must receive a sick leave from the employee, and then decide whether to extend the vacation or to postpone it. After that, all due compensations are calculated in accordance with the specifics of the case.

In accordance with the current norms of the labor legislation of the Russian Federation, each employee is entitled to paid leave after the expiration of six months from the date of his admission to a particular position.

But there are also special situations. For example, when you were approved for a vacation application, you had already planned it precisely, but suddenly you felt a deterioration in your well-being. What should be done in such a situation in the first place so that so long expected vacation days are not lost and wasted?

First of all, these situations are clearly regulated in the current legislation of the Russian Federation. Despite many recent changes, the procedure itself remains the same. Its stages should be given special attention, since the omission of some point, or the violations manifested, are unacceptable and can lead to quite negative consequences, both for the employee and for the management of the organization.

What rights does an employee have?

The right to leave is indisputable and belongs to absolutely every employee. And this means that the legislation of the Russian Federation must find appropriate alternatives so as not to violate the established norms. According to the provisions of Article 124 of the current Labor Code of the Russian Federation, a vacation during which an employee has a temporary disability can be extended or transferred to another time period, in accordance with the desire of the employee.

The labor legislation of the Russian Federation fully transfers to the employer all responsibility for the lawful provision and registration of employee vacations. If it is found that the employer has violated the current rules by refusing to extend the available vacation or reschedule it for another period, certain sanctions may be applied to it, for example, in the form of a monetary fine and additional compensation.

The rights of any employee also include receiving payments, both for the period of the vacation itself and for sick days. But, despite this right, statistics show that it is not so easy to realize it. As a rule, difficulties are associated with certain violations that the employer allows, and with other nuances.

In accordance with established standards, the extension of vacation should occur automatically if the employee submits to the employer a properly executed sick leave. The days for which the vacation period is extended must correspond to the number of days during which the employee was sick. At the same time, the publication of an additional order is not required, the employer can make the necessary changes to the current data. Changes must be drawn up as carefully as possible, since the further procedure and the possibility of payments depend on this.

If the employee is closer to the option of postponing the vacation, he must write an appropriate application, indicate the reasons, as well as the immediate dates of the beginning and end of the vacation period. If a decision was previously made to extend the vacation, the employee’s application must be accompanied by relevant papers that can confirm the actual existence of grounds for issuing a subsequent transfer. Registration of the transfer of vacation can be allowed only if there are no claims from these parties to the employment relationship. Otherwise, the transfer will be invalid.

In addition, the current labor legislation establishes that for certain categories of employees, the transfer of leave should be mandatory.

Established milestones

In order to ensure maximum compliance with applicable regulations and save one's own strength, it is necessary to strictly follow the established procedure for documenting vacations and other procedures associated with this type of professional recreation, etc. Any violation of existing laws, even the smallest, at first glance, can lead to quite serious consequences.

The only legitimate confirmation of an employee's illness is a well-formed sick leave. It must be presented to the accounting department as soon as the legal vacation period ends.

A sick leave certificate can be issued at the relevant organization at the place of residence and registration of the employee or at another organization that provides medical care to employees under the relevant agreement. Registration of sick leave can be carried out both during work and during the vacation period, depending on the specific circumstances, the condition of the employee and other nuances.

Employer Notice

As soon as an employee has received a completed sick leave, he should immediately inform his organization. Timely communication is very important for several reasons:

The sick leave is protected, so the employee himself should be interested in presenting it to the employer;

The very procedure for applying for a sick leave can deliver a fairly large number of problems, the solution of which will have to spend your vacation time, as well as the treatment of the disease itself;

Timely submission of sick leave and the required documents will help to avoid many problems with the accounting department. The fact that the employee is on sick leave must be taken into account and reflected in the relevant documentation.

Therefore, the employee should in no case neglect the timely notification to his employer about the fact of the onset of incapacity for work. This is the only way to fully protect your legitimate interests and exercise your rights.

Types of sick leave

The legislation of the Russian Federation provides for several types of time periods in which an employee can rightfully issue a sick leave. And the reason for this is not always a disease.

Period of temporary disability

The first and most common type of sick leave is an employee's disability.

At the same time, the procedure for creating all the necessary documents will be quite standard: submission of the necessary papers, creation of an order by an authorized person on their basis, payment of monetary compensation, actual manipulations with vacation days.

Young child care

Young mothers very often need a vacation in which they can take care of a sick child or other family member. It is then that the employee will be able to apply with the appropriate application for sick leave. The circle of kinship and the proximity of relatives is in no way limited by the current norms. Therefore, this right can be exercised by any employee by submitting the appropriate confirmation. However, some nuances may affect the immediate period of leave provided. If the child is under 7 years old, leave will be granted for the entire period of his treatment. If the child is from 7 to 15 years old - no more than twenty days of leave for the treatment of one disease. If the child is over 15 years old, leave can be provided only if the child is treated in a hospital and for no more than 3 days.

In what cases sick leave is not paid?

Sick leave does not always imply its mandatory payment. For example, if at the time of its registration, the employee took a vacation at his own expense, all the days of this vacation are entered in the corresponding accounting document. In this case, the presence or absence of a sheet here will not matter, therefore, it does not need to be entered in the time sheet. The sick leave data is marked with the letter “B” and entered into the document on the first day when the employee was supposed to start performing his professional duties.

In addition, being on maternity leave also removes the obligation from the employer to pay.

Sick leave more than once per vacation

Anything happens in life, so the situation when an employee draws up a sick leave several times during one vacation is not so rare. In this case, the immediate procedure for payment will depend on whether the second sick leave is a continuation of the previous one, etc.

If the repeated sick leave is a continuation of the previous one, they will not be divided among themselves and are subject to general payment, as for one period. If each case of disability is a separate case, then they will be paid separately, independently of each other.

Settlement procedure

The current provisions of the Labor Code of the Russian Federation provide that the employee must be paid for all days, including weekends and holidays, that fell on the disease. After the employee submits a completed sick leave, paid leave is subject to extension for the number of days that were included in the relevant document. That is, the immediate number of extension days must exactly match the number of disabled days indicated in the existing document.

Leave without pay

According to the current regulatory legal acts, the sick leave should not be paid if it was issued at the time the employee was on leave without pay. In this case, the sheet must be submitted on the last day of this vacation, if the period of absence from the workplace has not yet ended. Late submission of the document may lead to additional problems for the employee, so this fact should be taken with the utmost care.

Administrative leave

In the current labor legislation of the Russian Federation there is no clear definition of the concept of administrative leave. However, as legal practice shows, it is often used in employment contracts and other relevant documents. Administrative leave also provides for the absence of the need to pay sick leave, just like on leave without pay.

Subsequent dismissal

The procedure for paying sick leave, subject to the subsequent dismissal of the currently working employee, is determined by Article 127 of the current Code. The provisions of this article establish that, in the event that an employee leaves after leaving the sick leave, the period of his disability must be paid by the employer. Otherwise, the employee has every right to apply to the appropriate institution to protect his interests, which were violated by the illegal actions of the employer.

The total amount of the benefit may depend on many aspects - on the length of service of the employee, on the provisions of the internal collective agreement, etc. In addition to disability payments, the departing employee must also be credited with compensation for unused vacation days.

When sick leave should not be paid

The legislation of the Russian Federation defines clear situations in which the payment of a sick leave will not be lawful:

• when an employee is released from the performance of his professional duties for a certain period of time;
• when the employee was removed from his duties in accordance with an order issued by the management of the institution or another authorized person;
• when the employee was taken into custody by authorized bodies;
• when a downtime began in the activities of an organization or institution;
• when the onset of disability has become a logical consequence of causing harm to the current state of the employee by himself.

Form of sick leave by the employer

An employer can issue an appropriate order only on the basis of a document submitted by its employee in a timely manner. After that, he makes appropriate changes to the accounting documents and to the current vacation schedule of employees in order to record the fact of disability.

In addition, the employer must issue an order to postpone the vacation period, if there is such a need and if there are all grounds for this legal action, as well as documentary evidence.

Accounting registration

Certain data must be entered on the sick leave and the accounting department of the organization. Information about the amount for the billing period is entered in the section "Certificate of wages". In addition, this document contains information about the time period for which benefits are paid, the number of working days and other important nuances.

All information entered must be certified by the signature of an accountant or other authorized person, as well as the signature of the head of the organization. To simplify the work and speed up the introduction of the necessary data, a well-known accounting program - 1C - can be used for this. As soon as the sick leave registration is started, the program will create a special document - "Vacation accrual". Here, the accountant will need to enter the correct date for the end of the vacation period and recalculate direct wages for the specified time period.

Unexpected illness on vacation, of course, carries negative emotions for the employee. However, it gives certain privileges that you can use to your advantage and at your own discretion. For example, an employee has the right to choose certain days when legal leave can be continued. But still, it is better to encounter such situations as rarely as possible, in order to save your own nerves and in order to secure the vacation that was planned earlier. But if such a situation nevertheless arose, the main thing is not to forget about your legal rights and skillfully use them, in accordance with the established rules and requirements.

To begin with, let's figure out what is written in the law about the extension of vacation in connection with sick leave, and what happens in practice.

As you know, annual paid leave is granted 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, it is not allowed to randomly and spontaneously change the time of departure or return. But there are exceptions. For example, extending sick leave.

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

In practice, sick leave on vacation (extension of vacation - 2019) is a common situation. Most often, employees prefer to increase rest days. Some even specially draw up a disability sheet, feigning illness in order to rest longer.

Registration and payment

Usually, an ill employee notifies the administration of the illness. The disability certificate is provided to the employer upon its closure. According to Art. 59 of the Federal Law "On the basics of protecting the health of citizens in the Russian Federation", the attending physician issues a leaflet up to 15 calendar days. But there are cases when the extension of the sick leave is unavoidable.

For example, if we are talking about a woman, then there is often a situation where it is necessary to extend the sick leave for pregnancy and childbirth. The standard "generic" lasts 140 calendar days. But with complicated childbirth, its duration increases.

Other cases are determined by the medical commission. In this case, a person may be sick for more than 15 days, being on an outpatient basis, but it may be necessary to extend the sick leave after the hospital.

With an increase in the duration of rest, payment for days of incapacity for work 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 of the Labor Code of the Russian Federation. Already received vacation pay remains with the employee, no recalculations or refunds are made.

What to do if the disease occurred when the person was on vacation with subsequent dismissal? Sick leave is paid, the vacation period does not continue.

Sample application for an 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 the employee's illness, including for the next year. But for a shift to such a distant period, the administration must have arguments proving that it is impossible to provide rest days earlier, as this will negatively affect the normal course of work.

The normal course of work is, of course, a very vague wording. The employer can be overlaid with papers that will convincingly tell that it is without this employee that the production processes in the current year will, if not stop, be slowed down.

What could these papers be? Work plans showing the grandiose production volumes in the current period. Procurement schedule for which the employee is responsible. Only purchased equipment, which can only be operated by one person. At the same time, the enterprise should not have persons who are able to replace an employee who wants to rest longer.

" № 11/2016

Does an employee have to notify the employer of illness while on vacation? What is more correct - to extend the rest or transfer the part that was not used due to disability? Who decides this issue? In what situations is vacation not subject to transfer or extension even if there is sick leave? How to make a transfer?

Sometimes an employee falls ill during a vacation or takes sick leave to care for a child, in connection with this, extends the vacation and goes to work later. However, is it always possible to extend the vacation? In what cases can an employer refuse to extend or postpone the rest of the vacation? Should an employee notify the employer of illness? Let's figure it out.

For all employees, labor legislation guaranteed an annual basic paid leave of at least 28 calendar days. In addition, some, depending on the type of activity, mode of work or working conditions, are entitled to additional paid leave. Basic and additional holidays are included in the concept of "annual paid leave".

The rules for granting leave are determined by the Labor Code and other regulations and contribute to the optimal alignment of the interests of employees and employers, providing each employee with the opportunity to exercise the right to rest.

In a number of situations, the Labor Code of the Russian Federation allows for the extension or postponement of annual leave.

Should an employee notify an employer of illness?

Some experts say that the legislation does not require immediate notification of the employer of temporary disability during the annual leave. Other experts agree with this opinion, but believe that if such an obligation is fixed in a local regulatory act, then the employee’s failure to report an illness can be regarded as a violation of labor discipline with all the ensuing consequences.

The Supreme Court, in Ruling No. 69-KG13-4 dated 04.10.2013, considered the situation when a woman was fired for absenteeism because she did not warn the employer about her illness during her vacation, but extended it and started working later. The court of first instance refused to reinstate the employee, considering that she had abused the right to extend the leave - she had violated the internal labor regulations, clause 4.8 of which the main duties of employees were, among other things, to inform management in a timely manner about the reasons for absenteeism.

However, the Supreme Court of the Russian Federation considered these conclusions to be erroneous and pointed out that failure to notify the employer of the presence of a sick leave cannot serve as a basis for recognizing the reasons for absence as invalid. The obligation of the employer to extend the leave in case of temporary disability of the employee is enshrined in Art. 124 of the Labor Code of the Russian Federation, according to which the employee must confirm the fact of temporary disability with the relevant document (temporary disability certificate), which gives the right to extend the vacation.

For your information

An employee can provide an employer with a certificate of temporary disability no later than six months from the date of restoration of working capacity (disability determination), as well as the end of the period of release from work in cases of caring for a sick family member, quarantine, prosthetics and aftercare (Article 12 of the Federal Law of December 29, 2006 255-FZ "On compulsory social insurance in case of temporary disability and in connection with motherhood").

Based on the foregoing, we believe that the employee's failure to provide documents about the disease is not a guilty violation of labor legislation.

Extension or transfer?

According to Art. 124 of the Labor Code of the Russian Federation in the event of a temporary disability of an employee, annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee.

Since there are two options, the question arises: what exactly to do with the vacation - to extend or transfer? Employers (however, like judges) interpret the provisions of Art. 124.

Some say that in case of illness, leave should be extended. They substantiate their position in clause 18 of the Rules on regular and additional holidays, approved by the NCT of the USSR on April 30, 1930 (applied to the extent that it does not contradict the Labor Code), according to which, if the illness occurs while the employee is on vacation, the period for returning from vacation is automatically extended for the corresponding number of days, and the employee is obliged to immediately notify the employer about this (Determination of the Kaluga Regional Court dated April 16, 2015 in case No. 33-1110 / 2015).

Vacation is extended or postponed by the number of days according to the temporary disability certificate.

Others believe that the extension of vacation due to being on sick leave during the vacation period is the right of the employee, and his inaction, failure to inform the employer about the presence of a temporary disability certificate, indicates a lack of desire to extend the vacation (Appeal ruling of the Novosibirsk Regional Court of June 28, 2016 No. 33- 6004/2016). In this case, the vacation is subject to transfer.

For your information

If the employee did not come out on the first working day after the vacation and did not warn the employer about his illness, it is necessary to record the days of absence in the time sheet by putting the code "НН": absence for unexplained reasons. After submitting a sheet of temporary disability to the personnel department or accounting department, the time sheet needs to be adjusted - change the code “HN” to code “B”: temporary disability with the appointment of benefits in accordance with the law.

When an employee returns to work at the end of a vacation and presents a sick leave, the corresponding part of the vacation is subject to transfer to another period.

When is a vacation not extended or transferred?

There are several cases when an employee received during annual leave is not a basis for extending or postponing part of the leave.

If the sick leave is issued to care for a child or other family member.

Clause 40 of the Procedure for issuing certificates of incapacity for work, approved by Order of the Ministry of Health and Social Development of the Russian Federation dated June 29, 2011 No. 624n, defines cases when a sick leave certificate for caring for a family member is not issued. One of the foreseen cases is the illness of a family member during the period of the employee's annual leave or leave without pay.

Sick leave for childcare during the period of the next vacation should not be issued, it is not paid and does not affect the total duration of the employee's vacation.

If the employee received sick leave for child care and automatically extended his vacation for the number of days the child was sick, dismissal for absenteeism is possible. This is confirmed by judicial practice. Thus, the Tyumen Regional Court considered the case on the reinstatement of an employee dismissed for absenteeism. Refusing to satisfy the claims, the court pointed out that the obligation to extend the vacation by the number of calendar days of incapacity for work in the event that temporary incapacity for work occurred during the period of annual paid leave arises for the employer only if the employee himself is incapacitated. And the illness of a child (another family member) in accordance with Art. 124 of the Labor Code of the Russian Federation is not a basis for extending the annual paid leave, even if there is a certificate of incapacity for work issued to the employee. That is, the dismissal for absenteeism was made on legal grounds (Appeal ruling of the Tyumen Regional Court dated August 10, 2015 in case No. 33-4702 / 2015).

Vacation followed by dismissal.

According to part 2 of Art. 127 of the Labor Code of the Russian Federation, upon a written application of an employee, unused vacations can be granted to him with subsequent dismissal (with the exception of dismissal for guilty actions). In this case, the day of dismissal is considered the last day of vacation.

The Ruling of the Constitutional Court of the Russian Federation of January 25, 2007 No. 131-O-O provides clarifications on the execution of documents for such a case: the employer, in order to properly fulfill the obligation enshrined in the Labor Code of the Russian Federation to formalize the dismissal and pay the dismissed person, must proceed from the fact that the last day of the employee’s work is not the day of his dismissal (the last day of vacation), but the day preceding the first day of vacation.

For your information

All settlements with the employee are made before he goes on vacation, since after the last one the parties will no longer be bound by obligations. The same should be done with the work book and other work-related documents that the employer is obliged to issue to the employee - this must be done before he goes on vacation, that is, on the last day of work (Letter of Rostrud dated December 24, 2007 No. 5277-6-1 ).

That is, in fact, labor relations with the employee are terminated from the moment the vacation begins with subsequent dismissal, legally, the date of dismissal remains the last day of the vacation.

By expressing a desire to receive leave with subsequent dismissal, the employee thereby expresses a desire to terminate the employment relationship with the employer (in case of dismissal of his own free will) or agrees with the legitimacy of their termination (in case of dismissal for other reasons). It turns out that from the moment the vacation begins, the employer is not liable to the employee who received the vacation with subsequent dismissal, in terms of extending the annual paid vacation provided for in Part 1 of Art. 124 of the Labor Code of the Russian Federation. This position has a lot of evidence in judicial practice (see, for example, the Appeal ruling of the Lipetsk Regional Court dated September 29, 2014 in case No. 33-2616 / 2014).

Registration of transfer or extension of vacation.

The documents drawn up for the transfer and for the extension of the vacation are somewhat different - see the table.

Making a transfer.

So, first of all, the employee writes an application for the transfer of part of the rest, in which he indicates the reason (temporary disability), the number of days and the desired dates. A copy of the sick leave is attached to the application.

Based on this application, the employer issues an order to postpone the vacation. The order should indicate the reasons for this and the dates on which the vacation was postponed. If the employee has not decided on the dates, you need to write that the dates of the postponed vacation will be determined on the basis of an additional application from the employee.

Then the vacation schedule is adjusted, indicating the actual vacation dates in accordance with the order.

For your information

Since the holidays provided to the employee during the period of work with this employer are taken into account in the personal card, it is necessary to make changes to it. To do this, in column 6 of the T-2 form, the indicated information is crossed out with one line and the number of actually used vacation days and the date of its end are entered below or on the next line. Column 7 reflects information about the details of the order, on the basis of which part of the vacation was postponed to another period.

We are doing an extension.

Everything is much simpler here. An order to extend the vacation is not issued, since, by virtue of clause 18 of the Rules on Regular and Additional Vacations, this happens automatically. An application from the employee to extend the leave is not required.

But the timesheet will have to be amended - the days when the employee was sick are marked with the code "B". It is also necessary to mark with the code "FROM" the days for which the vacation is extended.

And of course, you need to adjust your personal card. How to do this is described above.

Summarize.

If an employee received a sick leave during annual leave, the employer is obliged to extend the vacation by the number of sick days or reschedule it. The exception is cases when the sick leave is issued for the care of a child or other family member and when the employee is on vacation with subsequent dismissal. Both the transfer and the extension of the vacation must be recorded in the relevant documents.

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 an employee’s temporary disability 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 corresponding number of 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 of 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 by 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.