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How to pay sick leave while on vacation. If during vacation sick days and holidays

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

How is a disability certificate issued during a vacation?

An illness during a well-deserved rest for officially working citizens is not a reason to deny yourself a long-awaited day off.

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

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

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

The employee must do the following:

Contact the clinic at the place of registration. The attending physician will issue a disability certificate.
Notify your employer of the illness. It is recommended not to delay contacting the management: the sooner the authorities find out about the incident, the more loyal the attitude towards the patient will be.
Choose how to use the remaining vacation period: use it immediately after recovery (combine with sick leave) or reschedule for another period.
Tell your authorized employee about your decision.

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

Feeling unwell during annual or additional paid leave may result in additional "holidays". To do this, the employee must take care of the availability of a certificate from the hospital.

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

The law provides that the employer does not have the right to refuse to provide additional days for recovery, including in the event of a long absence (for example, due to injury). If the next vacation coincides with the issued sick leave, it, at the request of the patient, is automatically extended.

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

It includes:

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

Vacation can be extended only by the number of days specified in the certificate. Therefore, it is recommended to seek treatment at the clinic with the appearance of the first symptoms of the disease, so as not to waste time off.

Postponement of part of the leave due to illness of the employee

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

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

The law establishes that an employee is entitled to leave within 1 calendar year after the start of employment in a new organization. The employer does not have the right to refuse to grant an extended absence for 24 consecutive months. The condition is also relevant for the transfer of vacation days due to illness during the rest period. Ignoring this rule is a violation of the employment contract and is punishable under article 330 of the Criminal Code of the Russian Federation “Arbitrariness”.

Citizens who fall ill during a well-deserved rest do not always use their legal right to issue a sick leave certificate at a polyclinic. The reason for this is that more than 30% of employees in the Russian Federation are not aware of whether the sick leave is paid during the holidays.

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

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

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

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

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

Methods of payment for sick leave during vacation days

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

Additional credit to the employee's account in case of extension.
Vacation pay is recalculated if the citizen has chosen to postpone the vacation.
In the first case, the accounting department accrues sick leave without recalculating vacation contributions. An employee does not have to pay back part of the funds or worry about charging interest on future salary credits.

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

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

make your own payments;
agree to charge a percentage of wages.

The employer does not have the right to demand a one-time refund of the entire amount paid, since the employee has a good reason for postponing the vacation. The requirement to make a payment in full is a violation of the legislation of the Russian Federation. A citizen has the right to apply to the prosecutor's office or file a claim for illegal actions of the employer.

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

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

A citizen can make payments to the account both in the company itself (if there is a technical possibility), and in a third-party organization, for example, a bank. When transferring at a financial company, a commission of 0.5% to 5% may be charged.

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

When depositing funds personally in the accounting or personnel department, an employee of the company must require an extract on debt reduction or a check. Without documents, it will be almost impossible to confirm the fact of payment.

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

A citizen will not receive payment if:

Vacation is not regular and paid. Time off at own expense is not funded by the organization, as is the issuance of a sick leave during this period of time.
The injury/illness was received at the time of an administrative or criminal offense.
Sick leave is associated with temporary disability when attempting suicide.
Leave was granted for educational purposes. Students will not be able to receive payments if they become ill during the educational process during the period of official absence from the workplace.
The disability certificate was issued due to the care of a family member. Sick leave for child care is paid only without combining with vacation days.
The disease occurred during the period of maternity leave / childcare up to 1.5 years.
The cause of temporary disability was intoxication (alcohol/drugs). The presence of an ailment due to the use of substances harmful to health affects the reputation of an employee. This can also be a significant reason for dismissal when leaving a vacation.
He unfairly followed the recommendations of a medical specialist or intentionally caused harm to health. The fact is indicated in the certificate issued by the attending physician or the employee's medical record.
The certificate was not provided to the accounting department within 6 months from the date of closing the sick leave.

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

In some cases, the company refuses to provide its workers with additional days of rest after vacation due to illness or in postponing the non-vacation period. Both of these actions are illegal. In addition, every 10th employer violates the Labor Code of the Russian Federation by delaying payments for temporary disability.

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

Apply with a statement (in writing) to the direct management of the organization. Sometimes the actions of the accounting / personnel department are illegal, which the authorities may not be aware of.
In case of refusal, bring a copy of the application to the prosecutor's office or court at the place of registration. Write a letter describing the situation in detail.
Wait for a response from the competent authorities.

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

If the requirements are met, a citizen can receive funding or a desired day off, but also demand compensation for moral damage. Various methods of recovery are applied to the employer by the court, from an administrative warning to criminal liability.

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

Vacation is a long-awaited time for which there are so many plans. Unfortunately, sometimes they are broken by illness. It is doubly unpleasant to get sick during the holidays, in addition, the question arises: after all, vacation days are not used for their intended purpose, what to do? What about sick leave pay and vacation pay? And if the disease happened during a trip abroad?

See a doctor immediately

If the coming vacation is suddenly overshadowed by illness or injury, a person has 2 possible ways:

to be treated independently, without referring to doctors and without documenting it;
fix the disease, get recommendations for treatment and an open sick leave in an official medical institution.

In the first case, an employee’s illness during a vacation will remain his purely personal matter, which does not affect payments and the duration of the vacation: during a legal vacation, a person has the right to spend time at his own discretion.

Therefore, the first recommendation to all those who are ill at any time and in any status is to immediately contact your doctor, opening a sick leave sheet from the first day of the illness until complete recovery. In this case, the employee can count on social guarantees.

FOR YOUR INFORMATION! It doesn’t matter if you are treated on an outpatient basis or you end up in a hospital - a sick leave certificate is issued in the same form.

Sickness must not take rest

The labor legislation of the Russian Federation guarantees employees the opportunity to rest, not overshadowed by treatment, with documented evidence of ill health. An employee who falls ill during a vacation can count on its extension or transfer, while the sick leave will be paid in the usual manner. Compensation for vacation days spoiled by illness is also possible if they were not used for their intended purpose.

The decision to extend the vacation, postpone it to another period or receive money for these days is made by the employee in agreement with the employer. Without taking into account the consent of the employee, the employer will not be able to choose from these options. By default, it is only possible to extend the rest for as many days as the temporary disability took.

What to do if you get sick while on vacation

Contact the medical institution and open a sick leave in the prescribed form.
Notify your employer about the illness that interrupted your vacation.
Agree on an acceptable option for replacing "sick" days.
If the option of extending the vacation is chosen, nothing needs to be done, just after closing the sick leave, do not return to work for as many days as the treatment took, and upon leaving, provide the sick leave to the employer.
If an employee wants to transfer vacation days replaced by sick leave to another period or add these days to subsequent vacation, he must write an appropriate application.
Compensation for unused days, in case of choosing the monetary option, will be paid within the time limits stipulated by the internal regulations or upon dismissal.

FILES

IMPORTANT! With any option, the sick leave is paid in full, except for the restrictions provided by law.

If you fall ill while abroad

If the vacation of a sick employee did not take place in the Russian Federation, it is necessary to obtain all possible medical confirmation of the fact of ill health. To do this, you need to use medical insurance if there was a tourist trip, or contact local doctors on your own. The documents they issue must be kept. In accordance with them, you cannot receive disability payments at work - after all, they are not of a statutory form. However, by presenting these papers upon arrival at the "native" medical institution, you can achieve the issuance of a standard sick leave and act according to the above scheme.

If it was not possible to replace the sheet with a standard one, then the employer can meet halfway and extend or reschedule the spoiled vacation. But you should not count on a sick leave payment in such a situation: there is no official sick leave - no payment.

The procedure for the leader

As for an employer who has received notice of the illness of an employee on vacation, he needs to take certain actions only if a decision has been made to postpone the vacation. The renewal does not require any special accounting treatment. If an application is received from a recovered employee to postpone this period, the employer must proceed as follows:

an order is issued to transfer or add a certain number of days to the subsequent vacation (by written agreement with the employee);
accounting pays sick leave;
“sick leave” clarifications are entered into the employee’s time sheet.

FILES

When you should not count on sick leave

The law establishes cases when, even when the fact of incapacity for work is established, sick leave payments are not due to an employee.

The cause of ill health is the excessive consumption of alcohol or drugs.
Sick leave received during the employee's suspension from work.
If there is a note on the sick leave that the illness or injury occurred due to the employee’s negligent attitude towards his health (for example, violation of the sanatorium regime, etc.).
If during the onset of the disease the employee was taken into custody.

Leave without sick leave

Legislation guarantees employees several types of vacations, both paid and at their own expense. Accordingly, the disease that occurred during the vacation will not necessarily be paid as temporary disability, even if the sick leave was issued and executed as expected. Let us analyze the features of sick leave during holidays of various types.

study leave does not give the right to pay a sick leave, as well as to postpone and replace the period, because in connection with training it loses its meaning.
Administrative leave are entered in the timesheet in full, so it does not matter what the employee who was absent from work “at his own expense” was doing. However, part of the sick leave may be paid if the sheet continues to be valid at the time when the employee was expected to return to work.
Both types of maternity leave they do not give the right to pay sick leave: maternity leave itself is, in fact, a long sick leave, and on parental leave, the mother will not be given a certificate of incapacity for work, and if they are issued by mistake, the employer will not pay it anyway.
sick leave for the parents of a sick child or family member. The law provides for paid time to care for a sick child or disabled relative, but such sick leave must not exceed a prescribed number of days. When treating in a hospital, a paid sick leave will be issued for the entire period until discharge. It is impossible to extend or postpone such non-working days, even if the mother herself fell ill while caring for the child.

ATTENTION! Sometimes an employer, taking care of his employees with children, prescribes in a local regulatory act the possibility of extending or postponing vacation days taken due to illness of babies: this is allowed by law.

Renewal and transfer: the difference in money

The material component of these types of vacation compensation is different.

The extension of vacation for days that amounted to incapacity for work provides for the calculation of vacation funds. And when transferring, the billing period will be a different period, which does not coincide in time with the vacation, so the amount will turn out to be different, usually somewhat less.

Thus, the vacation pay received by the employee will turn out to be more than he was supposed to: after all, the vacation or part of it turned out to be unused. None of the employees is obliged to return the surplus; the law also does not allow them to be withheld from wages. The employer can only set them off against subsequent payments.

Labor legislation guarantees an employee an annual paid leave of not more than 28 calendar days. In addition, additional paid leave is provided for certain categories of employees.

The procedure for granting holidays is regulated by the Labor Code and other regulations. In cases stipulated by law, leave may be extended.

Employer notification of sickness

If temporary disability occurs during vacation, then the employer is obliged to extend the employee's vacation (Article 124 of the Labor Code of the Russian Federation). The employee, in turn, must confirm the fact of temporary incapacity for work with the appropriate document (certificate of temporary incapacity for work),

The employee is not required to notify the employer about illness during vacation (Decision of the Supreme Court of 04.10.2013 N 69-KG13-4). However, in order to avoid misunderstandings, it is still recommended to warn the employer about this in advance.

Extension or postponement of vacation

The current labor legislation allows the transfer of annual paid leave (Article 124 of the Labor Code of the Russian Federation). The date on which the vacation is postponed is determined by the employer, taking into account the wishes of the employee.

In case of temporary disability of the employee during the vacation, it can be either extended or rescheduled.

Judicial practice on this issue is very contradictory. Some courts believe that the vacation should be extended automatically, others - that the extension of the vacation should be agreed with the employer.

If the employee returns to work at the end of the vacation and presents sick leave, the corresponding part of the vacation is transferred to another period.

Documents issued upon transfer or extension of vacation

Cases when vacation is not transferred or extended

The legislation provides for two exceptions in which the vacation is not transferred and not extended:

Sick leave issued to care for a child or other family member;
Vacation followed by dismissal.

Sick leave issued to care for a child or other family member.

A sick leave certificate should not be issued to an employee if he is related to the illness of a family member during the employee’s annual leave or leave without pay (paragraph 40 of the Order of the Ministry of Health and Social Development of Russia dated 06/29/2011 N 624n).

If the employee automatically extended his vacation for the specified reason and did not go to work, then this action can be regarded as absenteeism. In this case, the employer has every right to apply a disciplinary sanction to the employee (including dismissal).

Leave followed by dismissal

At the written request of the employee, unused vacations can be presented to him with subsequent dismissal (part 2 of article 127 of the Labor Code of the Russian Federation).

All settlements with the employee must be made before he goes on vacation. In addition, all the necessary documents that are issued to the employee upon dismissal must be drawn up (Letter from Rostrud dated December 24, 2007 N 5277-6-1).

Because the employment relationship between the employee and the employer is actually terminated, then the extension of the leave in case of illness of the employee is not performed.

Sick leave before vacation may prevent an employee from exercising the right to rest, for example, if some work is not completed on time, which may serve as a basis for postponing the start of the vacation. And if the illness dragged on and ended only during the period of vacation that began, then there will be a reason for its extension. You will learn further from our article what are the features for such a transfer / extension and how this fact should be formalized.

Postponement or extension of leave due to illness

The presentation of sick leave before vacation is the basis for postponing the start of vacation days in accordance with par. 1 hour 1 tbsp. 124 of the Labor Code of the Russian Federation, if the employee recovered by its beginning, but did not have time to receive vacation pay (part 2 of the specified norm).

If an illness or injury happened to an employee already during his vacation, then he can exercise the right to extend or transfer it. The same scenario is expected in the event that an employee falls ill and does not have time to recover before the start of the vacation.

NOTE! According to Part 1 of Art. 423 of the Labor Code of the Russian Federation, normative acts adopted back in the days of the USSR and in force on the territory of the modern Russian Federation can be applied today to the extent that they do not contradict the Labor Code of the Russian Federation.

As indicated in Part 1 of Art. 18 of the Rules on regular and additional holidays (hereinafter referred to as the Rules), approved. People's Commissariat of Labor of the USSR 04/30/1930 No. 169, if before the start of the vacation there were certain reasons that prevent the employee from leaving there on time, then by agreement with the employer, a new start date can be set. That is, we are talking about the transfer of vacation, which did not start on time, including due to the illness of the employee.

In the event that the sick leave was already closed during the annual paid leave, which was not rescheduled, since this issue was not agreed upon by the parties, the employee can exercise the right given by Art. 124 of the Labor Code of the Russian Federation, to extend the vacation by the number of days of temporary disability that coincided with vacation days, or to transfer these remaining days to a new period.

Sick leave before scheduled leave

The order in which leave is granted is determined according to the schedule, which is mandatory for the employee and the employer (Article 123 of the Labor Code of the Russian Federation). If the employee falls ill and recovers before the start of the vacation, he can go on vacation according to the previously agreed schedule.

In the event that the employer decided to change the schedule (for example, if the employee was sick and did not complete a certain amount of work), postponing the start date of the vacation for another period, then he must first agree on this with the employee himself. If the notification is not timely transmitted, then the employee will have the right, upon his written application, to demand from the employer to determine another date for the start of the vacation (part 2 of article 124 of the Labor Code of the Russian Federation).

The vacation schedule is mandatory for the parties to comply with, and therefore if the employee went on sick leave before the vacation and did not recover by its beginning, then:

the employer can postpone the vacation to a new date, which he will have to agree with the employee;
an employee after a sick leave can go on vacation, notifying the employer immediately after the recovery of his decision to extend the vacation, or transfer the days that coincided with the illness to another period.

Sick leave for pregnancy before annual leave

A pregnant employee can take annual leave before the decree or immediately after it in accordance with Art. 260 of the Labor Code of the Russian Federation. In addition, the maternity leave husband can also apply to his employer for annual leave during the period when his pregnant wife takes maternity leave on the basis of the sick leave. And the employer does not have the right to refuse him in accordance with Part 4 of Art. 123 of the Labor Code of the Russian Federation.

This means that immediately after the end of the sick leave for pregnancy and childbirth (maternity leave), the employee will be able to freely take her annual leave even if the necessary length of service is not enough to enter it (Article 122 of the Labor Code of the Russian Federation), and regardless of whether what time it was scheduled. This leave is issued at the request of the employee.

Are other types of sick leave carried over?

In the event that an employee falls ill before going on other types of leave (training, child care, without pay) and the illness ends only during the period of vacation, then the sick days cannot serve as a basis for extending vacation days. Indeed, in Art. 124 of the Labor Code of the Russian Federation, we are talking about the extension / postponement of only annual paid leave due to illness.

At the same time, if the employee planned to go on additional paid leave, then for sick days that coincided with vacation days, it will be possible to extend it or reschedule it for another period. Indeed, in Art. 124 of the Labor Code of the Russian Federation refers to the possibility of transferring / extending annual paid leave, and it can be basic (Article 115) and additional (Article 116-119).

In addition, Art. 17 of the Rules refers to the possibility of transferring / extending both regular and additional holidays due to temporary disability.

If the employee before the vacation was on sick leave to care for another family member, then (in this case, the imposition of sick days and vacation days) he does not have the right to extend or postpone vacation days. However, according to Art. 18 of the Rules, this circumstance can be recognized as preventing the employee from going on vacation on time, and then the issue of its transfer can be resolved by agreement of the parties.

How to apply for a vacation transfer?

In any of the cases where:

the employee decided to postpone the start date of the vacation;
transfer to another date vacation days that coincided in time with being on sick leave;
to extend the annual leave for days of illness, -

he needs to submit an appropriate application to the employer.

This application is made in any form and is submitted either in person or by mail. The application must indicate:

the subject of the application (transfer / extension);
grounds for granting a petition (illness, injury, other reasons);
desired transfer/renewal dates.

So, for example, a statement on the postponement of the start of a vacation in connection with a sick leave taken before the vacation may look like this:

The employer, after receiving a written application for the postponement / extension of the vacation, has the right to decide on accepting the offer, if there are legal grounds for that. After that, an appropriate order is issued, which indicates the decision:

Don't know your rights?

about the extension of the vacation;
making changes to the vacation schedule with the approval of the trade union committee;
transfer of vacation days.

If the employee went on sick leave right before the start of the vacation, the corresponding order came into force and an entry was made in the personal card, then appropriate changes should be made. So, the previous order can be canceled due to a change in the start date of the vacation, and the entry in the personal card has been corrected.

There are no grounds for making such corrections at the legislative level, therefore, amendments are made in the way that is accepted in the rules of personnel records management. Corrections are made as follows: the previous text is crossed out and the corrected one is written in the free space. Next to the correction, it is necessary to affix the date and signature of the person responsible for filling out the document being corrected with the decoding of the full name and indication of the position.

The rescheduling order might look like this:

How are sick and vacation pay paid when a vacation is postponed?

Disability benefits are paid if the recovery occurred before the start of the vacation or if the sick leave was closed while the employee was on paid annual leave (including additional). But if an employee fell ill while on other types of vacation (in particular, on vacation at his own expense), then he would not have the right not only to pay, but even to issue sick leave.

As for the payment of vacation pay, there are nuances. Let's consider them in more detail.

sick leave

The disability certificate, closed before going on vacation, is paid in full after its presentation. The basis for receiving temporary disability benefits is just sick leave - the benefit is paid in full for all days of illness / injury in accordance with Part 1 of Art. 6 of the Law "On Compulsory Social Insurance ..." dated December 29, 2006 No. 255-FZ (hereinafter - the Law).

The same applies to payment for sick leave for caring for a sick relative, if it was closed before the vacation, the allowance is paid in accordance with part 5 of the above article.

If the sick leave was opened before the vacation, and closed after it began, the temporary disability benefit is paid in full for all days of illness, if we are talking about annual paid leave (clause 1, part 1, article 9 of the Law).

If the sick leave was closed while on study leave, parental leave, unpaid leave, etc., then no allowance is paid for this period of coincidence of sick days and vacation days.

When calculating the amount of temporary disability benefits, the length of service of the insured person, that is, the employee, matters. According to Part 1 of Art. 7 of the Law, depending on the number of years of work with the insured, benefits are paid in the amount of 60% to 100% of average earnings. Moreover, if the sick leave was issued for the care of a child who was treated at home, then starting from the 11th day, the allowance is paid in the amount of half of the average earnings (clause 1, part 3 of the above article).

According to Part 1 of Art. 14 of the Law, the average earnings for calculating sick leave are calculated for 2 calendar years that preceded the onset of illness / injury.

Vacation

In accordance with Art. 139 of the Labor Code of the Russian Federation for calculating vacation pay, the value of earnings for the last 12 months is used. Annual leave (basic) is granted for a period of 28 calendar days (part 1 of article 115 of the Labor Code), during which average earnings are maintained (art. 114 of the Labor Code).

IMPORTANT! To calculate vacation pay, you need to multiply the number of vacation days by the value of the average daily earnings. Based on the formula presented in Part 4 of Art. 139 of the Labor Code of the Russian Federation, the average annual earnings should be divided by 12 (number of months in a year) and 29.3 (average monthly number of days).

According to part 9 of Art. 136 of the Labor Code, payment of vacation pay must be made 3 days before the start of the vacation. And if an employee received vacation pay, but fell ill, and then, by agreement with the employer, postponed the day the vacation began, then it is not necessary to return them - they can be taken into account when making the next payment of wages. The employer is not entitled to withhold vacation pay paid to an employee in the event of a transfer of vacation (Article 137 of the Labor Code).

If it so happened that the employee fell ill and recovered before the start of the vacation, but due to his absence he was not paid vacation pay in a timely manner, this fact may serve as a basis for postponing the vacation for a new period at the request of the employee (part 2 of article 124 of the Labor Code).

If the employee went on sick leave before the start of the vacation, there are several options:

if the sick leave was closed before the start of the planned vacation, then it can not be transferred or extended;
if, due to the sick leave, there are obstacles to the planned vacation (for example, work not done on time), then by agreement of the parties, annual leave can be postponed;
if the factor interfering with going on vacation is the untimely payment of vacation pay, then this can be rescheduled for another period only on the basis of an application from the employee;
and if the sick leave opened before the start of the annual paid leave was closed already during this period and the employee was not able to agree with the employer on the postponement of the start of the holiday, then the employee receives the right to extend it for sick days that coincided with vacation days, or to transfer them to another period; however, provided that the employee, while on sick leave, was able to agree with the employer on the condition for postponing the start of the vacation, the latter issues a new order to amend the schedule and postpone the sick employee's vacation pay.

Based on the foregoing, we can conclude that the further development of the situation with the start or postponement of vacation depends on how quickly the employee recovered or continued to get sick before it began, and how both sides of the employment relationship behaved.

If an employee falls ill during the next annual leave, then he is entitled to temporary disability benefits, and the leave will be extended or postponed (Article 124 of the Labor Code of the Russian Federation, Article 6 of the Law of December 29, 2006 N 255-ФЗ “On Compulsory Social Insurance in Case of Temporary incapacity for work and in connection with motherhood).

If an employee received a sick leave during a vacation, he is obliged to immediately notify the employer about this in any convenient way - by mail, telephone, telegram, etc. (Clause 18 of the Rules on regular and additional holidays, approved by the NCT of the USSR on April 30, 1930 N 169). If the employee, for valid reasons, did not immediately notify the employer about the illness during the vacation, or failed to submit a certificate of incapacity for work and independently extended the vacation, this cannot be regarded as an abuse of the right (Review of the judicial practice of the RF Armed Forces for the III quarter of 2013, approved by the Presidium of the Supreme Court RF 05.02.2014).

Annual paid leave: extend or reschedule

Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in case of temporary disability of the employee (according to Article 124 of the Labor Code of the Russian Federation).

Situation: According to the vacation schedule, an employee is entitled to a vacation of 10 days. He went on vacation, but a day later he fell ill and was on sick leave for 7 days. This means that the employee either leaves the vacation 7 days later than originally expected, or leaves on time, but he still has 7 days of vacation left. An employee can go to work exactly when, according to the order on granting leave, his vacation should have ended. In this case, the time sheet will contain the code “OT” (annual leave) not for 10 days, but only for 3 days. And for 7 days - code "B" (temporary disability). During these days he will receive disability benefits.

The period for which the vacation will be postponed (the remainder of the vacation) is determined by the employer, taking into account the wishes of the employee expressed in the application (part 1 of article 124 of the Labor Code of the Russian Federation). Accordingly, the employer is obliged to postpone the leave at the request of the employee. But the transfer date is determined not only based on the wishes of the employee, but also taking into account the capabilities of the employer. After the employee and the employer agree on the date of the new vacation, it is necessary to issue an order to postpone the vacation. And on the basis of the order to make changes to the vacation schedule.

Despite the fact that the mechanism for such a recalculation is not spelled out directly in the Labor Code of the Russian Federation, it must be done. After all, vacation pay that falls on the period of vacation actually not used due to illness is, in fact, no longer the average earnings saved for vacation days. For the days that the employee fell ill, the lost earnings are compensated for by the payment of temporary disability benefits. In practice, they do this: accountants make a recalculation and vacation pay for sick days is spent as an advance payment to the employee on account of his salary, which he will start earning after he leaves the vacation. And such actions are legal, the prohibition of the Labor Code of the Russian Federation on deduction is observed - no amounts are withheld from the employee. When the employee goes on vacation, it will be necessary to issue a new vacation order and accrue vacation pay again, calculating the average earnings.

Situation: In practice, employees determine the date of exit from vacation in case of illness on their own, counting the number of days of incapacity for work from the last day of vacation. However, the number of sick days and the number of vacation days that an employee falls ill do not always match. For example, if a non-working holiday fell on the period of illness, you do not need to extend the vacation for it - it no longer falls on the vacation period, but is excluded from it along with the days of illness (part 1 of article 120 of the Labor Code of the Russian Federation). Or the number of sick days may be more than the number of vacation days not used because of it. Vacation is extended precisely for vacation days not used due to illness, and not for illness days.

If an employee fell ill before the start of the vacation and did not have time to recover by its beginning, the vacation must be rescheduled for another period.

A child or family member falls ill during annual leave

Please note: if a member of the employee's family falls ill during the period of annual paid leave, this circumstance does not affect the extension of the specified leave (Determination of the Supreme Court of the Russian Federation of February 28, 2013 N APL13-18, decision of the Supreme Court of the Russian Federation of December 3, 2012 N AKPI12-1459). Accordingly, if your employee takes sick leave to care for a child during his paid leave, then the leave is not extended or transferred, and the sick leave is not paid. Such a sick leave was issued in violation of clause 41 of the Procedure for issuing sick leave certificates, approved. Order of the Ministry of Health and Social Development of Russia dated June 29, 2011 N 624n.

An employee falls ill while on unpaid leave

If an employee falls ill during a vacation without pay, then for the days of illness coinciding with such a vacation, he should not be given a sick leave (clause 22 of the Procedure for issuing sick leave certificates, approved by Order N 624n). For the days of such leave, temporary disability benefits are not paid (clause 1, part 1, article 9 of the Federal Law of December 29, 2006 N 255-FZ).

The benefit must be paid to the employee from the day when he was supposed to start work at the end of the vacation at his own expense.

Employee falls ill while on maternity leave

If the employee is on parental leave and does not work, temporary disability benefits are not paid (clause 1, part 1, article 9 of the Law of December 29, 2006 N 255-FZ).

An employee who is on parental leave and works part-time must be paid sick leave benefits in both cases (clauses 23, 40 of the Procedure for issuing sick leave, approved by Order of the Ministry of Health and Social Development of Russia dated 06/29/2011 N 624n ): in case of illness of the employee himself and when caring for a sick child or other family member.

An employee fell ill on vacation with subsequent dismissal

When granting leave with subsequent dismissal in accordance with Part 4 of Art. 127 of the Labor Code of the Russian Federation, an employee has the right to withdraw his application for dismissal before the start of the vacation. Consequently, the employment relationship with such an employee is terminated on the last working day before the start of the vacation, and therefore the vacation is not extended by the number of sick days.

During the illness during the vacation period with subsequent dismissal, the employee is paid temporary disability benefits in the usual amount, which depends on the length of service (part one of Articles 6, 7, 9 of the Law of December 29, 2006 N 255-FZ, Letter of Rostrud of December 24, 2007 N 5277-6-1).